Signed by Governor Kim Reynolds

Vote Smart's Synopsis:

Vote to pass a bill that amends law enforcement policies and training requirements, including a prohibition on chokehold restraints.

Highlights:

• Authorizes a peace officer, while making a lawful arrest, to use force that they reasonably believe to be necessary to effect the arrest or to defend any person from bodily harm while making the arrest (Sec. 2).

• Specifies that the use of deadly force or a chokehold is only justified when a person cannot be captured any other way and either of the following applies (Sec. 2):

• The person has used or threatened to use deadly force in committing a felony; or

• The officer reasonably believes the person would use deadly force against any person unless immediately apprehended.

• Defines “chokehold” as the intentional and prolonged application of force to the throat or windpipe that prevents or hinders breathing or reduces the intake of air (Sec. 2).

• Requires a law enforcement agency to provide training to every law enforcement officer on issues relating to de-escalation techniques and the prevention of bias on an annual basis (Sec. 8).

• Requires the Academy to develop and disseminate training guidelines for all law enforcement officers, including (Sec. 8):

• Emphasis on law enforcement officer understanding and respect for diverse communities and the importance of effective, noncombative methods of carrying out law enforcement activities;

• Instruction on diverse communities in order to foster mutual respect and cooperation between officers and members of diverse communities;

• An examination of the patterns, practices, and protocols that cause biased law enforcement actions, and the tools to prevent such actions; 

• An examination and identification of key indices and perspectives that make up differences among residences in a local community;

• Instruction on implicit bias and consideration of the negative impact of bias on effective law enforcement, including examination of how the historical perception of profiling has harmed community relations; 

• A presentation of the history and the role of the civil rights movement and its impact on law enforcement; and

• Instruction on de-escalation techniques, including verbal and physical tactics to minimize the need for the use of force and nonlethal methods of applying force.

• Authorizes the attorney general to prosecute a criminal offense committed by a law enforcement officer arising from the actions of the officer resulting in the death of another (Sec. 1).

• Authorizes the attorney general, if they determine that criminal charges are not appropriate, to refer the matter to the Iowa Law Enforcement Academy Council to recommend revocation or suspension of the officer’s certification if the attorney general determines that the officer committed misconduct that would be grounds for revocation or suspension (Sec. 1).

• Requires the Council to revoke the certification of a law enforcement officer or reserve peace officer upon finding that they have done either of the following (Sec. 6):

• Pled guilty to or been convicted of a felony;

• Been discharged for serious misconduct from employment as a law enforcement officer; or

• Left, voluntarily quit, or been laid off when disciplinary investigation or action was imminent or pending which could have resulted in the law enforcement officer being discharged or removed if the Iowa Law Enforcement Academy Council determines that the officer engaged in serious misconduct.

• Defines “serious misconduct” as improper or illegal actions taken by a law enforcement officer or reserve peace officer in connection with the officer’s official duties, including but not limited to, a conviction for a felony, fabrication of evidence, repeated use of excessive force, acceptance of a bribe, or the commission of fraud (Sec. 6).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that amends law enforcement policies and training requirements, including a prohibition on chokehold restraints.

Highlights:

• Authorizes a peace officer, while making a lawful arrest, to use force that they reasonably believe to be necessary to effect the arrest or to defend any person from bodily harm while making the arrest (Sec. 2).

• Specifies that the use of deadly force or a chokehold is only justified when a person cannot be captured any other way and either of the following applies (Sec. 2):

• The person has used or threatened to use deadly force in committing a felony; or

• The officer reasonably believes the person would use deadly force against any person unless immediately apprehended.

• Defines “chokehold” as the intentional and prolonged application of force to the throat or windpipe that prevents or hinders breathing or reduces the intake of air (Sec. 2).

• Requires a law enforcement agency to provide training to every law enforcement officer on issues relating to de-escalation techniques and the prevention of bias on an annual basis (Sec. 8).

• Requires the Academy to develop and disseminate training guidelines for all law enforcement officers, including (Sec. 8):

• Emphasis on law enforcement officer understanding and respect for diverse communities and the importance of effective, noncombative methods of carrying out law enforcement activities;

• Instruction on diverse communities in order to foster mutual respect and cooperation between officers and members of diverse communities;

• An examination of the patterns, practices, and protocols that cause biased law enforcement actions, and the tools to prevent such actions; 

• An examination and identification of key indices and perspectives that make up differences among residences in a local community;

• Instruction on implicit bias and consideration of the negative impact of bias on effective law enforcement, including examination of how the historical perception of profiling has harmed community relations; 

• A presentation of the history and the role of the civil rights movement and its impact on law enforcement; and

• Instruction on de-escalation techniques, including verbal and physical tactics to minimize the need for the use of force and nonlethal methods of applying force.

• Authorizes the attorney general to prosecute a criminal offense committed by a law enforcement officer arising from the actions of the officer resulting in the death of another (Sec. 1).

• Authorizes the attorney general, if they determine that criminal charges are not appropriate, to refer the matter to the Iowa Law Enforcement Academy Council to recommend revocation or suspension of the officer’s certification if the attorney general determines that the officer committed misconduct that would be grounds for revocation or suspension (Sec. 1).

• Requires the Council to revoke the certification of a law enforcement officer or reserve peace officer upon finding that they have done either of the following (Sec. 6):

• Pled guilty to or been convicted of a felony;

• Been discharged for serious misconduct from employment as a law enforcement officer; or

• Left, voluntarily quit, or been laid off when disciplinary investigation or action was imminent or pending which could have resulted in the law enforcement officer being discharged or removed if the Iowa Law Enforcement Academy Council determines that the officer engaged in serious misconduct.

• Defines “serious misconduct” as improper or illegal actions taken by a law enforcement officer or reserve peace officer in connection with the officer’s official duties, including but not limited to, a conviction for a felony, fabrication of evidence, repeated use of excessive force, acceptance of a bribe, or the commission of fraud (Sec. 6).

Full Bill Text