Iowa 2025-2026 Regular Session

Iowa Senate Bill SSB3198

Introduced
5/1/26  

Caption

A bill for an act relating to Brady-Giglio list appeals and law enforcement officers' rights, and providing effective date and applicability provisions.(See SF 2504.)

Summary

This bill expands the rights of a law enforcement officer who has been placed on a Brady-Giglio list by a prosecuting agency. It gives the officer the express right to petition district court, appeal, or intervene in any action involving the placement decision, and it applies regardless of when the placement or related decision occurred. The district court would have jurisdiction to review the prosecuting agency’s decision, conduct an in camera review of the evidence, and hold a closed hearing if requested by either party or on the court’s own motion. Under the bill, the court could affirm, modify, or reverse the placement decision and order relief, including removal of the officer from the Brady-Giglio list. Materials submitted to the court would be sealed and kept confidential unless otherwise ordered by law or the court. If the officer prevails, the court must award equitable relief, reasonable attorney fees, expenses, and court costs, with those costs paid by the state or by the municipality or county responsible for the prosecuting agency. The bill takes effect immediately upon enactment and applies retroactively to placements and related proceedings occurring on or after July 1, 2021.

Impact

The bill would amend Iowa Code section 80F.1 to create a formal judicial review process for Brady-Giglio list placements and to strengthen procedural protections for affected officers. It would also shift potential litigation costs to the state or local government entity tied to the prosecuting agency, and it would make the new rights available retroactively to certain prior placements and proceedings. The measure primarily affects prosecuting agencies, district courts, and law enforcement officers whose credibility disclosures may affect their employment and testimony in criminal cases.

Sentiment

No committee transcript or recorded vote information was provided, so the available record does not show direct debate or a measured vote count. Based on the bill text alone, the measure appears designed to be supportive of law enforcement officers by creating an appeal right, confidentiality protections, and fee-shifting if the officer prevails. The absence of discussion records limits the ability to assess broader legislative sentiment, but the bill’s structure suggests an intent to provide substantial procedural protections to officers.

Contention

The main point of contention is likely the balance between officer due process rights and prosecutorial discretion in maintaining Brady-Giglio lists used to disclose credibility concerns in criminal cases. Prosecutors and public integrity advocates may object to judicial second-guessing of placement decisions, closed hearings, and confidentiality provisions, while law enforcement groups and officers are likely to support the added appeal rights and the possibility of removal from the list. The retroactive application and mandatory award of attorney fees, expenses, and court costs may also be controversial because they could expose public entities to additional litigation and financial liability.

Companion Bills

IA SF 2504

Replaced by A bill for an act relating to Brady-Giglio list appeals and law enforcement officers’ rights, and providing effective date and applicability provisions.(Formerly SSB 3198.)

Previously Filed As

IA SF2504

A bill for an act relating to Brady-Giglio list appeals and law enforcement officers' rights, and providing effective date and applicability provisions.(Formerly SSB 3198.)

IA HF2797

A bill for an act relating to the peace officer, public safety, and emergency personnel bill of rights, and providing fees. (Formerly HSB 770.) Applicability date: 07/01/2021

IA SF599

Brady-Giglio designation for peace officers provision

IA SF1813

Brady-Giglio lists prosecuting agencies guidelines and process provision

IA SF325

Peace officer exclusion from discipline for inclusion on the Brady-Giglio lists; Brady-Giglio lists examination task force establishment

IA HSB201

A bill for an act relating to administrative investigations under the peace officer, public safety, and emergency personnel bill of rights, civil service disciplinary hearings and appeals, and communications in professional confidence, and including effective date provisions.(See HF 921.)

IA HF1116

Brady-Giglio designation for peace officers provided.

IA HSB770

A bill for an act relating to the peace officer, public safety, and emergency personnel bill of rights, and providing fees.(See HF 2797.)

IA SF362

A bill for an act relating to administrative investigations under the peace officer, public safety, and emergency personnel bill of rights, civil service disciplinary hearings and appeals, and communications in professional confidence, and including effective date provisions.

IA SF2838

Disclosure of personnel data on peace officers and other potential government witnesses to a prosecuting attorney to comply with the authority's constitutional disclosure obligations; Brady-Giglio designation for police officers authorization; Brady-Giglio lists examination task force establishment

Similar Bills

No similar bills found.