Iowa Legislature unanimously approves bill to address police officer misconduct, sending it to Gov. Kim Reynolds

With Black Lives Matter activists watching from the gallery and Gov. Kim Reynolds looking on, the Iowa Legislature unanimously approved a bill Thursday to ban most police chokeholds and address police officer misconduct.

One after the other, the Iowa House and Senate passed the bills unanimously, their respective chambers erupting in applause each time to celebrate.

In the moments after the bill passed 98-0 in the House, Iowa's five black lawmakers stood together and raised a fist in the air.

“I never would have dreamed that I could stand on the floor of the Iowa Legislature and support a bill that would help all of this indignity to black Americans stop," said Rep. Ruth Ann Gaines, D-Des Moines. "But here I am. And here it is.”

The bill moved through the legislative process at astounding speed. Leadership in the House and Senate introduced companion bills in each chamber simultaneously Thursday afternoon. Within a few hours, every lawmaker in the building had voted to pass the measure.

"This body, in 10 days, through hard work and critical conversations, were able to make significant steps in addressing historic injustices in our country," said Rep. Ras Smith, D-Waterloo, who one week earlier had stood on the Capitol steps with a group of lawmakers and activists to outline Democrats' goals to address police violence.

The bill will now head to Reynolds' desk. She said Wednesday she hoped for the bill to pass unanimously, and she got her wish. She praised the bipartisan effort in a statement Thursday night.

"These problems didn’t arise overnight and they won’t be fixed in a day. We are just getting started, but our work together shows Iowa is willing to have the tough conversations and to look past our differences to find common ground and a brighter future for all Iowans," she said.

The bipartisan bill would address three demands raised by Smith and other Democratic lawmakers at the news conference last week: It would ban most chokeholds by police, allow the Iowa Attorney General to investigate deaths caused by an officer and prevent an officer from being hired in Iowa if they have previously been convicted of a felony, fired for misconduct or quit to avoid being fired for misconduct. It would also require annual training for law enforcement on de-escalation techniques and implicit bias.

"It’s an important first step," said Rep. Ross Wilburn, D-Ames. "And that work will continue. It has to continue after we adjourn in this particular session, and it has to continue on toward other parts of criminal justice reform."

House Majority Leader Matt Windschitl, R-Missouri Valley, said it was the fastest he had seen a bill move in his 14 years in the Legislature.

"Is this a solution to every problem we have, to every injustice? No. But it’s a damn good start,” he said. “And we can move forward from here.”

A group of Black Lives Matter protesters, who have brought their demands to the Capitol this week, watched and cheered from the House and Senate galleries as each chamber passed the bill.

Rep. Ako Abdul-Samad, D-Des Moines, who has served as a mediator between protesters and police during some tense confrontations over the past few weeks, looked up to the House gallery to address the protesters as he began his remarks.

"To my brothers and sisters in the gallery, I recognize you as being the game-changers," he said. "Because you have made us all listen, and we thank you for that."

Protests have erupted around the country, including in Iowa, since George Floyd, a black man, was killed by a white police officer in Minneapolis on May 25. The officer, Derek Chauvin, kneeled on Floyd's neck for nearly nine minutes. Chauvin and three other officers have been charged in connection with Floyd's death.

Many protesters around the country have demanded drastic changes to police departments, including defunding. And those protests have begun seeing results. In Minneapolis, the city council agreed to "dismantle" its police department. Other cities have reduced funding to their departments or begun changing their laws regarding officer misconduct.

Protesters' demands in Des Moines have included the legislation introduced Thursday, restoration of voting rights for felons who have completed their sentences and a stronger version of a racial profiling ordinance that the Des Moines City Council is considering.

Banning most chokeholds

The bill would ban officers from using chokeholds, with two exceptions.

If a person cannot be captured in any other way and:

  • That person has used or threatened to use deadly force in committing a felony or
  • The police officer "reasonably believes the person would use deadly force" unless immediately apprehended

"Chokehold" is defined in the bill as "the intentional and prolonged application of force to the throat or windpipe that prevents or hinders breathing or reduces the intake of air."

Rep. Steven Holt, R-Denison, a retired Marine, said those exceptions are an important part of the bill.

"Restricting the use of chokeholds is appropriate with the qualifying language," he said. "It is easy to sit in the relative safety of our chairs and dictate to law enforcement what they can and cannot use out on the street in the performance of their duties. But, again, the qualifying language on chokeholds, when there is an imminent threat to life, is of great importance, and we must support our officers who find themselves in life-threatening situations."

Iowa attorney general could investigate deaths caused by police

The Iowa Attorney General's office would have the power under the bill to prosecute officers if they kill someone, regardless of whether the local county attorney asks for assistance from the attorney general's office or decides to bring charges against the officer.

If the attorney general decides the officer's actions do not constitute a crime but still merit disciplinary action, the office can refer the issue to the Iowa Law Enforcement Academy Council.

“These are somber and serious times, and this legislation reflects that," Iowa Attorney General Tom Miller said in a statement. "Our office is registered in support of the bills. This legislation can lead to real reform by addressing chokeholds and officer misconduct. It is a step forward. I am gratified to see our legislators come together. At a time like this, bipartisanship is crucial."

Forbidding rehiring of officers fired for misconduct

The bill lays out rules for revoking or suspending a law enforcement officer's certification and aims to prevent officers with a history of misconduct from moving between departments.

It includes a screening process for law enforcement officers hired from other states and prevents those who have been convicted of a felony, fired for serious misconduct or quit to avoid being fired for misconduct from being certified as officers in Iowa.

"Serious misconduct" in the bill is improper or illegal actions taken by an officer in connection with their official duties, including a felony conviction, fabrication of evidence, repeated excessive force, accepting a bribe and fraud.

"These few actors put a dark stain on the badge of amazing officers who are out there every day serving our community," said Sen. Zach Nunn, R-Altoona.

De-escalation and implicit bias training

Officers in Iowa would be required to go through annual training on de-escalation techniques and bias-prevention, and the Iowa Law Enforcement Academy would be directed to develop training guidelines that follow best practices.

The training would include an emphasis on understanding and respect for diverse communities, an examination of the causes of biased law enforcement actions and how to prevent them, instruction on implicit bias and how historical perceptions of profiling have harmed community relations, the history of the Civil Rights movement and its impact on law enforcement and more.

The de-escalation techniques would include verbal and physical methods of minimizing the need to use force and nonlethal methods of using force.

Stephen Gruber-Miller covers the Iowa Statehouse and politics for the Register. He can be reached by email at sgrubermil@registermedia.com or by phone at 515-284-8169. Follow him on Twitter at @sgrubermiller.

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