Senate File 481 - Introduced




                                 SENATE FILE       
                                 BY  COMMITTEE ON LOCAL
                                     GOVERNMENT

                                 (SUCCESSOR TO SSB
                                     1172)

                                      A BILL FOR

  1 An Act relating to the enforcement of immigration laws and
  2    providing penalties and remedies, including the denial of
  3    state funds to certain entities.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  NEW SECTION.  825.1  Definitions.
  1  2    1.  "Campus police department" means a law enforcement agency
  1  3 of an institution governed by the state board of regents, a
  1  4 community college, or any other postsecondary educational
  1  5 institution in this state that receives state funds.
  1  6    2.  "Immigration detainer request" means a federal government
  1  7 request to a local entity or campus police department to
  1  8 maintain temporary custody of an alien. "Immigration detainer
  1  9 request" includes verbal and written requests, including a
  1 10 United States department of homeland security form I=247 or a
  1 11 similar or successor form.
  1 12    3.  "Immigration law" means a law of this state or a federal
  1 13 law relating to aliens, immigrants, or immigration, including
  1 14 but not limited to the federal Immigration and Nationality Act,
  1 15 8 U.S.C. {1101 et seq.
  1 16    4.  "Lawful detention" means the detention of a person by a
  1 17 local entity or campus police department for the investigation
  1 18 of a public offense. "Lawful detention" excludes a detention if
  1 19 the sole reason for the detention is that a person is a victim
  1 20 of or witness to a public offense or is reporting a public
  1 21 offense.
  1 22    5.  "Local entity" means the governing body of a city,
  1 23 county, institution governed by the state board of regents,
  1 24 community college, or any other postsecondary educational
  1 25 institution in this state that receives state funds. "Local
  1 26 entity" includes an officer or employee of a local entity
  1 27 or a division, department, or other body that is part of a
  1 28 local entity, including but not limited to a sheriff, police
  1 29 department, city attorney, or county attorney.
  1 30    6.  "Policy" includes a formal, written rule, policy,
  1 31 procedure, regulation, order, ordinance, motion, resolution, or
  1 32 amendment and an informal, unwritten policy.
  1 33    7.  "Public offense" excludes a moving traffic violation
  1 34 under chapter 321.
  1 35    Sec. 2.  NEW SECTION.  825.2  County and city liability ==
  2  1 failure to comply with immigration detainer request.
  2  2    1.  If a county or city or officer or employee of a county
  2  3 or city or a division, department, or other body that is part
  2  4 of a county or city releases from custody a person who is the
  2  5 subject of an immigration detainer request issued by United
  2  6 States immigration and customs enforcement and received by
  2  7 the county or city, the county or city shall be liable under
  2  8 chapter 670 for damages resulting from any felony committed
  2  9 by the person in this state within ten years following such
  2 10 person's release if all of the following apply:
  2 11    a.  The county or city did not detain the person as
  2 12 requested.
  2 13    b.  The county or city had probable cause to believe that the
  2 14 person was not a citizen of the United States and was subject
  2 15 to removal from the United States.
  2 16    c.  The person had been convicted before release of a public
  2 17 offense punishable as a serious misdemeanor or greater offense.
  2 18    2.  A county or city shall not be liable for damages
  2 19 sustained by a person who was the subject of an immigration
  2 20 detainer request following the person's release from custody by
  2 21 a county or city.
  2 22    Sec. 3.  NEW SECTION.  825.3  Enforcement of federal
  2 23 immigration law by law enforcement officers.
  2 24    1.  A state or local law enforcement officer shall not stop
  2 25 a motor vehicle or conduct a search of a business or residence
  2 26 solely to enforce a federal immigration law, unless the officer
  2 27 is acting at the request of, or providing assistance to, an
  2 28 appropriate federal law enforcement officer or is acting under
  2 29 the terms of an agreement between the law enforcement agency
  2 30 employing the officer and a federal agency under which the law
  2 31 enforcement agency employing the officer receives delegated
  2 32 authority to enforce the federal immigration law.
  2 33    2.  A state or local law enforcement officer may arrest a
  2 34 person on the grounds that the person is an alien not lawfully
  2 35 present in the United States only if the officer is acting in
  3  1 accordance with this chapter and under authority specifically
  3  2 granted under applicable federal immigration law.
  3  3    Sec. 4.  NEW SECTION.  825.4  Law enforcement agency duties ==
  3  4 immigration detainer requests.
  3  5    A law enforcement agency in this state that has custody of
  3  6 a person subject to an immigration detainer request issued by
  3  7 United States immigration and customs enforcement shall fully
  3  8 comply with any instruction made in the detainer request and in
  3  9 any other legal document provided by a federal agency.
  3 10    Sec. 5.  NEW SECTION.  825.5  Completion of sentence in
  3 11 federal custody.
  3 12    1.  The court, in a criminal proceeding in this state in
  3 13 which the sentence requires a defendant who is the subject
  3 14 of an immigration detainer request to be confined in a
  3 15 correctional facility, shall issue an order at the time of
  3 16 sentencing requiring the correctional facility in which the
  3 17 defendant is to be confined and all appropriate government
  3 18 officers to require the defendant to be transferred to serve in
  3 19 federal custody the final portion of the defendant's sentence,
  3 20 not to exceed a period of seven days, if a facility or officer
  3 21 determines that the change in the place of confinement will
  3 22 facilitate the seamless transfer of the defendant into federal
  3 23 custody.  The court in a criminal proceeding in this state
  3 24 shall retain jurisdiction to issue such an order at a later
  3 25 date if the court receives notice from a federal agency that a
  3 26 defendant was the subject of an immigration detainer request at
  3 27 the time of sentencing. The court shall issue such an order as
  3 28 soon as practicable after receiving such notice.
  3 29    2.  In the absence of an order issued under this section,
  3 30 a facility or officer acting under exigent circumstances may
  3 31 perform such a transfer after making a determination that the
  3 32 change in the place of confinement will facilitate the seamless
  3 33 transfer of the defendant into federal custody.
  3 34    3.  A defendant shall be transferred pursuant to this section
  3 35 only if appropriate officers of the federal government consent
  4  1 to the transfer of a defendant into federal custody under the
  4  2 circumstances described in this section.
  4  3    Sec. 6.  NEW SECTION.  825.6  Restriction on enforcement of
  4  4 immigration law prohibited.
  4  5    1.  A local entity or campus police department shall not
  4  6 adopt or enforce a policy or take any other action under which
  4  7 the local entity or campus police department prohibits or
  4  8 discourages the enforcement of immigration laws.
  4  9    2.  A local entity or campus police department shall not
  4 10 prohibit or discourage a person who is a law enforcement
  4 11 officer, corrections officer, county attorney, city attorney,
  4 12 or other official who is employed by or otherwise under the
  4 13 direction or control of the local entity or campus police
  4 14 department from doing any of the following:
  4 15    a.  Inquiring about the immigration status of a person under
  4 16 a lawful detention or under arrest.
  4 17    b.  Doing any of the following with respect to information
  4 18 relating to the immigration status, lawful or unlawful, of any
  4 19 person under a lawful detention or under arrest, including
  4 20 information regarding the person's place of birth:
  4 21    (1)  Sending the information to or requesting or receiving
  4 22 the information from United States citizenship and immigration
  4 23 services, United States immigration and customs enforcement, or
  4 24 another relevant federal agency.
  4 25    (2)  Maintaining the information.
  4 26    (3)  Exchanging the information with another local entity
  4 27 or campus police department or a federal or state governmental
  4 28 entity.
  4 29    c.  Assisting or cooperating with a federal immigration
  4 30 officer as reasonable or necessary, including providing
  4 31 enforcement assistance.
  4 32    d.  Permitting a federal immigration officer to enter and
  4 33 conduct enforcement activities at a jail or other detention
  4 34 facility to enforce a federal immigration law.
  4 35    Sec. 7.  NEW SECTION.  825.7  Written policies.
  5  1 No later than January 1, 2018, each state or local law
  5  2 enforcement agency subject to this chapter shall do all of the
  5  3 following:
  5  4    1.  Formalize in writing any unwritten, informal policies
  5  5 relating to the enforcement of immigration laws.
  5  6    2.  Update the agency's policies to be consistent with this
  5  7 chapter, to require each officer or other employee of the law
  5  8 enforcement agency to fully comply with this chapter, and to
  5  9 prohibit an officer or other employee of the law enforcement
  5 10 agency from preventing law enforcement agency personnel from
  5 11 fully complying with this chapter.
  5 12    Sec. 8.  NEW SECTION.  825.8  Discrimination prohibited.
  5 13    A local entity, campus police department, or a person
  5 14 employed by or otherwise under the direction or control of a
  5 15 local entity or campus police department shall not consider
  5 16 race, skin color, language spoken, or national origin while
  5 17 enforcing immigration laws except to the extent permitted by
  5 18 the Constitution of the United States or the Constitution of
  5 19 the State of Iowa.
  5 20    Sec. 9.  NEW SECTION.  825.8A  Victim of or witness to a crime
  5 21 ==== limitation on collection of information.
  5 22    A local entity, campus police department, or a person
  5 23 employed by or otherwise under the direction or control of a
  5 24 local entity or campus police department shall not ask for
  5 25 or collect any information from a victim of or witness to an
  5 26 alleged public offense or from a person reporting an alleged
  5 27 public offense, including the victim's, witness's, or person's
  5 28 national origin, that is not pertinent to the investigation of
  5 29 the alleged public offense.
  5 30    Sec. 10.  NEW SECTION.  825.9  Complaints == notification ==
  5 31 civil action.
  5 32    1.  Any person, including a federal agency, may file a
  5 33 complaint with the attorney general or a county attorney
  5 34 alleging that a local entity or campus police department has
  5 35 violated or is violating this chapter if the person offers
  6  1 evidence to support such an allegation. The person shall
  6  2 include with the complaint any evidence the person has in
  6  3 support of the complaint.
  6  4    2.  A local entity or campus police department for which the
  6  5 attorney general or county attorney has received a complaint
  6  6 pursuant to this section shall comply with any document
  6  7 requests, including a request for supporting documents,
  6  8 from the attorney general or county attorney relating to the
  6  9 complaint.
  6 10    3.  A complaint filed pursuant to subsection 1 shall not be
  6 11 valid unless the attorney general or county attorney determines
  6 12 that a violation of this chapter by a local entity or campus
  6 13 police department was intentional.
  6 14    4.  If the attorney general or county attorney determines
  6 15 that a complaint filed pursuant to this section against
  6 16 a local entity or campus police department is valid, the
  6 17 attorney general or county attorney, not later than ten days
  6 18 after the date of such a determination, shall provide written
  6 19 notification to the local entity or campus police department
  6 20 by certified mail, with return receipt requested, stating all
  6 21 of the following:
  6 22    a.  A complaint pursuant to this section has been filed and
  6 23 the grounds for the complaint.
  6 24    b.  The attorney general or county attorney has determined
  6 25 that the complaint is valid.
  6 26    c.  The attorney general or county attorney is authorized to
  6 27 file a civil action in district court pursuant to subsection
  6 28 6 to enjoin a violation of this chapter no later than forty
  6 29 days after the date on which the notification is received if
  6 30 the local entity or campus police department does not come into
  6 31 compliance with the requirements of this chapter.
  6 32    d.  The local entity or campus police department and any
  6 33 entity that is under the jurisdiction of the local entity or
  6 34 campus police department will be denied state funds pursuant to
  6 35 section 825.10 for the state fiscal year following the year in
  7  1 which a final judicial determination in a civil action brought
  7  2 under this section is made.
  7  3    5.  No later than thirty days after the date on which a
  7  4 local entity or campus police department receives written
  7  5 notification under subsection 4, the local entity or campus
  7  6 police department shall provide the attorney general or county
  7  7 attorney with all of the following:
  7  8    a.  Copies of all of the local entity's or campus police
  7  9 department's written policies relating to immigration
  7 10 enforcement actions.
  7 11    b.  A copy of each immigration detainer request received by
  7 12 the local entity or campus police department from a federal
  7 13 agency.
  7 14    c.  A copy of each response sent by the local entity or
  7 15 campus police department to an immigration detainer request
  7 16 described by paragraph "b".
  7 17    d.  A description of all actions the local entity or campus
  7 18 police department has taken or will take to correct any
  7 19 violations of this chapter.
  7 20    e.  If applicable, any evidence that would refute the
  7 21 allegations made in the complaint.
  7 22    6.  No later than forty days after the date on which the
  7 23 notification pursuant to subsection 4 is received, the attorney
  7 24 general or county attorney shall file a civil action in
  7 25 district court to enjoin any ongoing violation of this chapter
  7 26 by a local entity or campus police department.
  7 27    Sec. 11.  NEW SECTION.  825.10  Denial of state funds.
  7 28    1.  Notwithstanding any other provision of law to the
  7 29 contrary, a local entity, including any entity under the
  7 30 jurisdiction of the local entity, or a campus police department
  7 31 shall be ineligible to receive any state funds if the local
  7 32 entity or campus police department intentionally violates this
  7 33 chapter.
  7 34    2.  State funds shall be denied to a local entity or campus
  7 35 police department pursuant to subsection 1 by all state
  8  1 agencies for each state fiscal year that begins after the date
  8  2 on which a final judicial determination that the local entity
  8  3 or campus police department has intentionally violated this
  8  4 chapter is made in a civil action brought pursuant to section
  8  5 825.9, subsection 6. State funds shall continue to be denied
  8  6 until eligibility to receive state funds is reinstated under
  8  7 section 825.11. However, any state funds for the provision of
  8  8 wearable body protective gear used for law enforcement purposes
  8  9 shall not be denied under this section.
  8 10    3.  The department of management shall adopt rules pursuant
  8 11 to chapter 17A to implement this section and section 825.11
  8 12 uniformly across state agencies from which state funds are
  8 13 distributed to local entities and campus police departments.
  8 14    Sec. 12.  NEW SECTION.  825.11  Reinstatement of eligibility
  8 15 to receive state funds.
  8 16    1.  Except as provided by subsection 5, no earlier
  8 17 than twelve months after the date of a final judicial
  8 18 determination that a local entity or campus police department
  8 19 has intentionally violated the provisions of this chapter,
  8 20 the local entity or campus police department may petition the
  8 21 district court that heard the civil action brought pursuant to
  8 22 section 825.9, subsection 6, to seek a declaratory judgment
  8 23 that the local entity or campus police department is in full
  8 24 compliance with this chapter.
  8 25    2.  A local entity or campus police department that petitions
  8 26 the court as described by subsection 1 shall comply with
  8 27 any document requests, including a request for supporting
  8 28 documents, from the attorney general or county attorney
  8 29 relating to the action.
  8 30    3.  If the court issues a declaratory judgment declaring
  8 31 that the local entity or campus police department is in full
  8 32 compliance with this chapter, the local entity's or campus
  8 33 police department's eligibility to receive state funds is
  8 34 reinstated beginning on the first day of the month following
  8 35 the date on which the declaratory judgment is issued.
  9  1    4.  A local entity or campus police department shall not
  9  2 petition the court as described in subsection 1 more than twice
  9  3 in one twelve=month period.
  9  4    5.  A local entity or campus police department may petition
  9  5 the court as described in subsection 1 before the date provided
  9  6 in subsection 1 if the person who was the director or other
  9  7 chief officer of the local entity or campus police department
  9  8 at the time of the violation of this chapter is subsequently
  9  9 removed from or otherwise leaves office.
  9 10    6.  A party shall not be entitled to recover any attorney
  9 11 fees in a civil action described by subsection 1.
  9 12    Sec. 13.  NEW SECTION.  825.12  Attorney general database.
  9 13    The attorney general shall develop and maintain a searchable
  9 14 database listing each local entity and campus police department
  9 15 for which a final judicial determination described in section
  9 16 825.10, subsection 2, has been made. The attorney general
  9 17 shall post the database on the attorney general's internet
  9 18 site.
  9 19    Sec. 14.  NEW SECTION.  825.13  Applicability.
  9 20    1.  This chapter does not apply to a school district or
  9 21 nonpublic school. This chapter does not apply to the release
  9 22 of information contained in education records of an educational
  9 23 agency or institution, except in conformity with the federal
  9 24 Family Educational Rights and Privacy Act of 1974, 20 U.S.C.
  9 25 {1232g.
  9 26    2.  This chapter does not apply to a hospital if the hospital
  9 27 is providing access to or delivering medical or health care
  9 28 services as required under 42 U.S.C. {1395dd or 42 U.S.C.
  9 29 {1396b(v).  However, this chapter shall apply to any law
  9 30 enforcement officer employed by a hospital.
  9 31    Sec. 15.  APPLICABILITY.  This Act applies to the release of
  9 32 a person from custody in this state on or after the effective
  9 33 date of this Act.
  9 34    Sec. 16.  IMPLEMENTATION OF ACT.  Section 25B.2, subsection
  9 35 3, shall not apply to this Act.
 10  1                           EXPLANATION
 10  2 The inclusion of this explanation does not constitute agreement with
 10  3 the explanation's substance by the members of the general assembly.
 10  4    This bill relates to the enforcement of immigration laws.
 10  5    The bill defines immigration law as a law of this state or
 10  6 a federal law relating to aliens, immigrants, or immigration,
 10  7 including but not limited to the federal Immigration and
 10  8 Nationality Act.
 10  9    The bill provides that if a county or city or officer or
 10 10 employee of a county or city or a division, department, or
 10 11 other body that is part of a county or city releases from
 10 12 custody a person who is the subject of an immigration detainer
 10 13 request issued by United States immigration and customs
 10 14 enforcement and received by the county or city, the county
 10 15 or city shall be liable under Code chapter 670 for damages
 10 16 resulting from any felony committed by the person in this
 10 17 state within 10 years following the person's release. The
 10 18 bill provides that a county or city is only liable if certain
 10 19 conditions specified in the bill are met. The bill provides
 10 20 that a county or city shall not be liable for damages sustained
 10 21 by a person who is the subject of an immigration detainer
 10 22 request following the person's release from custody by a county
 10 23 or city.
 10 24    The bill defines "immigration detainer request" as a
 10 25 federal government request to a local entity or campus
 10 26 police department to maintain temporary custody of an alien.
 10 27 "Immigration detainer request" includes verbal and written
 10 28 requests, including a United States department of homeland
 10 29 security form I=247 or a similar or successor form.
 10 30    The bill prohibits a state or local law enforcement officer
 10 31 from stopping a motor vehicle or conducting a search of a
 10 32 business or residence solely to enforce a federal immigration
 10 33 law except under certain specified circumstances.
 10 34    The bill permits a state or local law enforcement officer
 10 35 to arrest a person on the grounds that the person is an alien
 11  1 not lawfully present in the United States only if the officer
 11  2 is acting in accordance with the bill and under authority
 11  3 specifically granted under applicable federal immigration law.
 11  4    The bill requires a law enforcement agency in this state
 11  5 that has custody of a person subject to an immigration detainer
 11  6 request issued by United States immigration and customs
 11  7 enforcement to fully comply with any instruction made in the
 11  8 detainer request and in any other legal document provided by
 11  9 a federal agency.
 11 10    The bill requires the court in a criminal proceeding in this
 11 11 state in which the sentence requires a defendant subject to an
 11 12 immigration detainer request to be confined in a correctional
 11 13 facility, to issue an order at the time of sentencing, or at
 11 14 a later date, requiring the correctional facility in which
 11 15 the defendant is to be confined to require the defendant to
 11 16 be transferred to serve in federal custody the final portion
 11 17 of the defendant's sentence, not to exceed a period of seven
 11 18 days, if a facility or officer determines that the change
 11 19 in the place of confinement will facilitate the seamless
 11 20 transfer of the defendant into federal custody. A defendant
 11 21 shall be transferred pursuant to the bill only if appropriate
 11 22 officers of the federal government consent to the transfer
 11 23 of a defendant into federal custody under the circumstances
 11 24 described in the bill.
 11 25    The bill prohibits a local entity or campus police
 11 26 department from adopting or enforcing a policy or take any
 11 27 other action under which the entity or department prohibits or
 11 28 discourages the enforcement of immigration laws.
 11 29    The bill prohibits a local entity or campus police
 11 30 department from prohibiting or discouraging a person who
 11 31 is a law enforcement officer, corrections officer, county
 11 32 attorney, city attorney, or other official who is employed by
 11 33 or otherwise under the direction or control of the entity or
 11 34 department from carrying out various activities specified in
 11 35 the bill relating to enforcement of immigration laws.
 12  1 The bill defines "local entity" as the governing body
 12  2 of a city, county, institution governed by the state board
 12  3 of regents, community college, or any other postsecondary
 12  4 educational institution in this state that receives state
 12  5 funds.
 12  6    The bill defines "campus police department" as a law
 12  7 enforcement agency of an institution governed by the board
 12  8 of regents, a community college, or any other postsecondary
 12  9 educational institution in this state that receives state
 12 10 funds.
 12 11    The bill requires each state or local law enforcement agency
 12 12 subject to the bill to formalize in writing any unwritten,
 12 13 informal policies relating to the enforcement of immigration
 12 14 laws and to update the agency's policies to be consistent with
 12 15 the bill and to require full compliance with the bill. These
 12 16 actions must be carried out no later than January 1, 2018.
 12 17    The bill prohibits a local entity, campus police department,
 12 18 or a person employed by or otherwise under the direction or
 12 19 control of an entity or department from considering race, skin
 12 20 color, language spoken, or national origin while enforcing
 12 21 immigration laws except to the extent permitted by the United
 12 22 States Constitution or Iowa Constitution.
 12 23    The bill prohibits a local entity, campus police department,
 12 24 or a person employed by or otherwise under the direction or
 12 25 control of a local entity or campus police department from
 12 26 asking for or collecting any information from a victim of or
 12 27 witness to an alleged public offense or from a person reporting
 12 28 an alleged public offense, including the victim's, witness's,
 12 29 or person's national origin, that is not pertinent to the
 12 30 investigation of the alleged public offense.
 12 31    The bill permits any person, including a federal agency, to
 12 32 file a complaint with the attorney general or a county attorney
 12 33 alleging that a local entity or campus police department has
 12 34 violated or is violating the requirements of the bill if the
 12 35 person offers evidence to support such an allegation. The
 13  1 bill provides that a complaint shall not be valid unless the
 13  2 attorney general or county attorney determines that a violation
 13  3 of the requirements of the bill by a local entity or campus
 13  4 police department was intentional.
 13  5    If the attorney general or county attorney determines that
 13  6 a complaint is valid, the bill requires the attorney general
 13  7 or county attorney to provide notification to the entity or
 13  8 department within 10 days of the determination. The bill
 13  9 requires the entity or department to provide a response to
 13 10 the attorney general or county attorney within 30 days of
 13 11 receiving the notification. The bill specifies the content of
 13 12 the notification and response.
 13 13    The bill requires the attorney general or county attorney
 13 14 to file a civil action in district court to enjoin any ongoing
 13 15 violation of the requirements of the bill by a local entity or
 13 16 campus police department no later than 40 days after the date
 13 17 on which the notification is received.
 13 18    The bill provides that, notwithstanding any other provision
 13 19 of law to the contrary, a local entity, including any entity
 13 20 under the jurisdiction of the local entity, or a campus police
 13 21 department shall not be eligible to receive any state funds if
 13 22 the local entity or department intentionally violates the bill.
 13 23 State funds shall continue to be denied until eligibility to
 13 24 receive state funds is reinstated as provided in the bill.
 13 25 The bill provides that any state funds for the provision
 13 26 of wearable body protective gear used for law enforcement
 13 27 purposes shall not be denied in this way. The bill requires
 13 28 the department of management to adopt rules to implement the
 13 29 denial of and reinstatement of eligibility to receive state
 13 30 funds uniformly across state agencies.
 13 31    The bill permits a local entity or campus police department
 13 32 to petition the district court that heard the civil action
 13 33 brought pursuant to the bill to seek a declaratory judgment
 13 34 that the entity or department is in full compliance with the
 13 35 bill in order to restore the eligibility to receive state
 14  1 funds.
 14  2    The bill requires the attorney general to develop, post,
 14  3 and maintain a searchable database listing each local entity
 14  4 and campus police department for which a final judicial
 14  5 determination that the entity or department has intentionally
 14  6 violated the requirements of the bill has been made.
 14  7    The bill does not apply to a school district or nonpublic
 14  8 school. The bill does not apply to the release of information
 14  9 contained in education records of an educational agency or
 14 10 institution, except in conformity with the federal Family
 14 11 Educational Rights and Privacy Act of 1974. The bill does not
 14 12 apply to a hospital if the hospital is providing access to or
 14 13 delivering medical or health care services as required under
 14 14 federal laws specified in the bill. However, the bill does
 14 15 apply to any law enforcement officer employed by a hospital.
 14 16    The bill applies to the release of a person from custody in
 14 17 this state on or after the effective date of the bill.
 14 18    The bill may include a state mandate as defined in Code
 14 19 section 25B.3. The bill makes inapplicable Code section 25B.2,
 14 20 subsection 3, which would relieve a political subdivision from
 14 21 complying with a state mandate if funding for the cost of
 14 22 the state mandate is not provided or specified. Therefore,
 14 23 political subdivisions are required to comply with any state
 14 24 mandate included in the bill.
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