SF 2015 – Privileged Peer Counselor Communications
SF 2019 – Use of Restraints on Pregnant Inmates
SF 2041 – Missing Cognitively Impaired Persons
SSB 3075 – Serving a Subpoena on a Peace Officer or Correctional Officer
SSB 3077 – Electronic Control Devices, Required Training for Law Enforcement Officers
SSB 3116 – Iowa Uniform Power of Attorney Act
SSB 3143 – Probate Bill
COMMITTEE ACTION:
SF 2015, as amended in committee, allows the Commissioner of Public Safety, law enforcement agencies, firefighting agencies, emergency medical technicians, corrections officers and others to appoint peer counselors to offer emotional support and counseling to an officer in need of those services as a result of a work-related incident. A peer counselor must receive training, be pre-designated and cannot have been involved in the incident that caused the need for counseling. A peer counselor may not disclose any confidential communication received during the counseling. [2/11: short form]
SF 2019, as amended in committee, requires the Department of Corrections to develop administrative rules regarding the use of restraints on pregnant inmates. The rules will apply to all correctional facilities, county jails and municipal holding facilities. Restraints are to be used in the least restrictive manner and must specify when the restraints are permissible to be used. In addition, the rules will provide guidance for allowing a support person in the birthing room with the inmate or detainee during labor and childbirth. The rules must specify when restraints can be used on an inmate during her pregnancy, during labor and childbirth, and postpartum. Restraints can only be used once it is determined that the individual poses a serious threat to self or others at the time the restraints are used, or poses a credible risk of escape that can’t be contained by other methods. The bill requires the Department of Corrections, in conjunction with the jails and other facilities, to file a yearly report with the Legislature detailing every instance in which restraints were used on a pregnant inmate or detainee. [2/11: short form]
SF 2041, as amended in committee, relates to missing cognitively impaired persons, as determined by a law enforcement agency. The law enforcement agency can notify the Department of Transportation (DOT) regarding information about the missing cognitively impaired person, and the DOT must display the information on their dynamic message signs located throughout the state. [2/11: short form]
SSB 3075, as amended in committee, specifies that a subpoena may be served upon a peace officer or correctional officer at the officer’s principal place of employment if the subpoena is related to the officer’s official job duties. If the officer does not actually receive the subpoena or have knowledge of the subpoena, the officer cannot be held in contempt of court. However, the court can order other punishment that is appropriate under the circumstances. [2/11: short form]
SSB 3077, as amended in committee, requires the Iowa Law Enforcement Academy to develop training standards for the use of electronic weapons, such as stun guns and Tasers, by law enforcement agencies. The standards must require that peace officers complete an electronic weapons safety course that includes identifying conditions and circumstances in which the use of electronic weapons is appropriate and identifying those whose health may be severely impacted by the use of electronic weapons. [2/11: short form]
SSB 3116 creates the Iowa Uniform Power of Attorney Act, which is intended to be a comprehensive and detailed law that will govern financial powers of attorney. Current law relating to financial powers of attorney provides little guidance regarding an agent’s (person given the power of attorney) responsibilities and duties. This Act will provide clear, statutory instructions to agents acting under financial powers of attorney. It authorizes specified individuals and entities the right to question in court the action of an agent. Current law only allows the person who conferred the power of attorney, known as the principal, to bring an action in court to challenge the agent’s actions. Often the principal is incapacitated and unable to initiate a court action. Current law does allow a conservator to challenge an agent’s actions in court, but since there is a power of attorney, it’s unlikely that there would be a conservator. The bill addresses the powers of co-agents and specifies what powers a principal can give to an agent. The Act sets out a statutory power of attorney form. [2/11: short form]
SSB 3143 is the probate bill from the Iowa State Bar Association. The bill allows execution of the self-proving will affidavit any time after the will-signing ceremony. Current law says that only can happen after the testator’s death. The affidavit essentially provides a validation of the will. In addition, the bill clarifies the current code section relating to the distribution of the property of a decedent by affidavit when the gross value of a decedent’s personal property is $25,000 or less, and there is no real property in the estate, or the real property passes to a joint tenant(s) with right of survivorship. The bill clarifies the information that must be submitted to financial institutions and others who hold the decedent’s property in order for the person who swears to an affidavit to obtain or have the ownership of the property transferred. Specifically, the distribution by affidavit process is available when the value of the decedent’s personal property is, or has been at any time since the decedent’s death, $25,000 or less, and there is no real property that must go through probate. Only one of the successors to the property is required to sign and submit the affidavit. All reasonably identifiable beneficiaries must be listed in the affidavit. The name, address, tax ID number and relationship to the decedent must be provided on the affidavit for all beneficiaries. The affidavit must also include a general description of the property and that the individual or entity holding the decedent’s property must transfer the property described in the affidavit to or for the benefit of all of the beneficiaries listed in the affidavit. Section 3 of the bill relates to situations in which the personal representative of an estate files a claim against the estate indicating that the personal representative was a creditor of the decedent. Under this circumstance, the bill clarifies the procedure for a temporary administrator to follow when appointed to investigate the validity of the personal representative’s claim. [2/11: short form]