80.1 Department created.
There is hereby created a department of the state government which shall be known and designated as the department of public safety, which shall consist of a commissioner of public safety and of such officers and employees as may be required, one of whom shall be an attorney admitted to practice law in this state. Such attorney shall be an assistant attorney general appointed by the attorney general who shall fix the assistant's salary. The department shall reimburse the attorney general for the salary and expense of such assistant attorney general and furnish the assistant a suitable office if requested by the attorney general.
80.10 Peace officers short course.
For the instruction of law enforcement officers of this state, including members and prospective members of the department of public safety and peace officers of the several counties, townships and cities, the commissioner of public safety is hereby authorized and directed to utilize the existing peace officers short course and the laboratories and facilities in connection therewith in the college of law of the state University of Iowa.
80.11 Course of instruction.
The course or courses of instruction for peace officers shall include instruction in the following subjects and such others as shall be deemed advisable by the college of law and the commissioner of public safety:
1. Criminal law.
2. Identification of criminals and fingerprinting.
3. Methods of criminal investigation.
4. Rules of criminal evidence.
5. Presentation of cases in court.
6. Making of complaints and securing of criminal warrants.
7. Securing and use of search warrants.
8. How to secure extradition and return.
9. Small arms instruction. 9. Small arms instruction.
10. Regulation of traffic.
11. First aid.
80.12 Attendance at short course.80.13 Training schools.
The commissioner of public safety is authorized to hold a training school for candidates for or members of the department of public safety, and may send to recognized training schools such members as the commissioner may deem advisable. The expenses of such school of training shall be paid in the same manner as other expenses of the patrol.
80.14 Diplomas.
To each person satisfactorily completing the course of study prescribed, an appropriate certificate or diploma shall be issued.
80.15 Examination--oath--probation--discipline--dismissal.
An applicant for membership in the department of public safety, except clerical workers and special agents appointed under section 80.7, shall not be appointed as a member until the applicant has passed a satisfactory physical and mental examination. In addition, the applicant must be a citizen of the United States and be not less than twenty-two years of age. The mental examination shall be conducted under the direction or supervision of the commissioner of public safety and may be oral or written or both. Each applicant shall take an oath on becoming a member of the force, to uphold the laws and Constitution of the United States and of the state of Iowa. During the period of twelve months after appointment, any member of the department of public safety, except members of the present Iowa state patrol who have served more than six months, is subject to dismissal at the will of the commissioner. After the twelve months' service, a member of the department, who was appointed after having passed the examinations, is not subject to dismissal, suspension, disciplinary demotion, or other disciplinary action resulting in the loss of pay unless charges have been filed with the department of inspections and appeals and a hearing held by the employment appeal board created by section 10A.601, if requested by the member, at which the member has an opportunity to present a defense to the charges. The decision of the appeal board is final, subject to the right of judicial review in accordance with the terms of the Iowa administrative procedure Act. However, these procedures as to dismissal, suspension, demotion, or other discipline do not apply to a member who is covered by a collective bargaining agreement which provides otherwise nor to the demotion of a division head to the rank which the division head held at the time of appointment as division head, if any. A division head who is demoted has the right to return to the rank which the division head held at the time of appointment as division head, if any. All rules, except employment provisions negotiated pursuant to chapter 20, regarding the enlistment, appointment, and employment affecting the personnel of the department shall be established by the commissioner in consultation with the director of the department of personnel, subject to approval by the governor.
80.16 Bonds.
All special agents appointed by the commissioner of public safety pursuant to section 80.7 shall furnish bond as required by the commissioner in the amount of five thousand dollars. All members of the state department of public safety excepting the members of the clerical force shall be bonded for the faithful performance of their duties, in such an amount as the commissioner of public safety may deem necessary, but not less than five thousand dollars for any one position, and clerical employees may be so bonded. The commissioner is authorized to purchase bond coverage with departmental funds, either in blanket bond form or in individual bond form or in any combination thereof.
80.17 General allocation of duties.
In general, the allocation of duties of the department of public safety shall be as follows:
1. Commissioner's office.
2. Division of statistics and records.
3. Division of criminal investigation and bureau of identification.
4. Division of the Iowa state patrol.
5. Division of fire protection.
6. Division of inspection.
7. Division of capitol security.
Nothing in the aforesaid allocation of duties shall be interpreted to prevent flexibility in interdepartmental operations or to forbid other divisional allocations of duties in the discretion of the commissioner of public safety.
80.18 Expenses and supplies--reimbursement.
It shall be the duty of the commissioner of public safety to provide for the members of the department when on duty, suitable uniforms, subsistence, arms, equipment, quarters, and other necessary supplies, and also the expense and means of travel and boarding the members of the department, according to rules made by the commissioner, as may be provided by appropriation.
The department may expend moneys from the support allocation of the department as reimbursement for replacement or repair of personal items of the department's employees damaged or destroyed during the employee's tour of duty. However, the reimbursement shall not exceed one hundred fifty dollars for each item. The department shall establish rules in accordance with chapter 17A to carry out the purpose of this paragraph.
80.19 Public safety education.
The commissioner of public safety may co-operate with any recognized agency in the education of the public in highway safety.
Any recognized agency receiving appropriations of state money for public safety shall annually file with the auditor of state an itemized statement of all its receipts and expenditures.
80.2 Commissioner--appointment.
The chief executive officer of the department of public safety is the commissioner of public safety. The governor shall appoint, subject to confirmation by the senate, a commissioner of public safety, who shall be a person of high moral character, of good standing in the community in which the commissioner lives, of recognized executive and administrative capacity, and who shall not be selected on the basis of political affiliation. The commissioner of public safety shall devote full time to the duties of this office; the commissioner shall not engage in any other trade, business, or profession, nor engage in any partisan or political activity. The commissioner shall serve at the pleasure of the governor, at an annual salary as fixed by the general assembly.
80.20 Divisional headquarters.
The commissioner of public safety may, subject to the approval of the governor, establish divisional headquarters at various places in the state. Supervisory officers may be at all times on duty in each district headquarters.
80.21 Fees and rewards.
No fees or rewards shall be retained personally by members of the department in addition to their salaries, and any such fees or rewards earned by any members of said department shall be credited to the fund as herein provided to pay the expenses of this department. All salaries herein provided for and all expenses incurred under the provisions of this chapter shall be allowed and audited in the same manner as in other state offices, and shall be payable out of moneys hereafter appropriated.
80.22 Prohibition on other departments.
All other departments and bureaus of the state are hereby prohibited from employing special peace officers or conferring upon regular employees any police powers to enforce provisions of the statutes, which are specifically reserved by this Act* to this department. But the commissioner of public safety shall, upon the requisition of the attorney general, from time to time assign for service in the department of justice such of its officers, not to exceed six in number, as may be requisitioned by the attorney general for special service in the department of justice, and when so assigned such officers shall be under the exclusive direction and control of the attorney general.
Section
*See 39 Acts, ch 120
Previous Section 80.21
Next Section 80.23
© 2000 Cornell College and
League of Women Voters of Iowa
Comments about this site or page?
iacode@legis.state.ia.us.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Wed Aug 16 21:03:56 CDT 2000
URL: /IACODE/1999SUPPLEMENT/80/22.html
jhf 80.23 Special state agents--meaning.
Whenever mention is made, in the Code, of "special state agents" in connection with law enforcement, the same shall be construed to mean members of the state department of public safety.
80.24 Industrial disputes.
The police employees of the department shall not be used or called upon for service within any municipality in any industrial dispute unless actual violence has occurred therein, and then only either by order of the governor or on the request of the chief executive officer of the municipality or the sheriff of the county wherein the dispute has occurred if such request is approved by the governor.
80.25 Division of beer and liquor enforcement.
The commissioner of public safety shall establish a division of beer and liquor law enforcement and appoint a chief enforcement officer to head the division. The commissioner of public safety shall appoint other agents needed in the division as are necessary to enforce the provisions of chapter 123. All enforcement officers, assistants, and agents of the division, excluding clerical workers, shall be subject to the provisions of section 80.15.
80.25A Pari-mutuel and excursion boat gambling investigation and enforcement.
The commissioner of public safety shall direct the chief of the division of criminal investigation and bureau of identification to establish a subdivision to be the primary criminal investigative and enforcement agency for the purpose of enforcement of chapters 99D and 99F. The commissioner of public safety shall appoint or assign other agents to the division as necessary to enforce chapters 99D and 99F. All enforcement officers, assistants, and agents of the division are subject to section 80.15 except clerical workers.
80.26 Governor's traffic safety bureau--funds related to mandatory helmet law.
Repealed by 94 Acts, ch 1080, § 1. 80.27 Drug law enforcement by department.
The state department of public safety shall be primarily responsible for the enforcement of all laws and rules relating to any controlled substance or counterfeit substance, except for making accountability audits of the supply and inventory of controlled substances in the possession of pharmacists, doctors, hospitals, and health care facilities as defined in section 135C.1, subsection 6, as well as in the possession of any and all other individuals or institutions authorized to have possession of any controlled substances.
As used in this chapter, the terms "controlled substances" and "counterfeit substances" shall be the same as defined in section 124.101, subsections 5 and 6, respectively.
80.28 Agents transferred from pharmacy board.
Repealed by 88 Acts, ch 1134, §116. 80.29 Agents transferred from pharmacy board--conditions--retirement.
Repealed by 89 Acts, ch 83, § 87. 80.3 Vacancy.
A commissioner of public safety appointed when the general assembly is not in session shall serve at the pleasure of the governor, but the term shall expire thirty days after the general assembly next convenes in regular session, unless during such thirty days the commissioner be approved by two-thirds of the members of the senate.
80.30 Individual qualifications.
If an individual is not able to meet the qualifications established by section 80.15 or chapter 97A and that individual otherwise possesses experience and training which qualifies that individual as a person capable of enforcing laws relating to controlled or counterfeit substances, that individual may be hired by the commissioner of public safety.
80.31 Voluntary submission to conditions.
Repealed by 89 Acts, ch 83, §87. 80.32
Repealed by 73 Acts, ch 11, § 8. 80.33 Access to drug records by agents.
Every person required by law to keep records, and any carrier maintaining records with respect to any shipment containing any controlled or counterfeit substances shall, upon request of an authorized agent of the department of public safety, designated by the commissioner of public safety, permit such agent at reasonable times to have access to and copy such records. For the purpose of examining and verifying such records authorized agents of the department of public safety, designated by the commissioner of public safety, may enter at reasonable times any place or vehicle in which any controlled or counterfeit substance is held, manufactured, dispensed, compounded, processed, sold, delivered, or otherwise disposed of and inspect such place or vehicle, and the contents thereof. For the purpose of enforcing laws relating to controlled or counterfeit substances, and upon good cause shown, personnel of the division of drug law enforcement in the department of public safety shall be allowed to inspect audits and records in the possession of the state board of pharmacy examiners.
80.34 Powers of peace officers.
Any authorized agent of the department of public safety designated to conduct examinations, investigations, or inspections and enforce the laws relating to controlled or counterfeit substances shall have all the powers of other peace officers and may arrest without warrant for offenses under this chapter committed in the agent's presence or, in the case of a felony, if the agent has probable cause to believe that the person arrested has committed or is committing such offense. Such officers shall have the same powers as other peace officers to seize controlled substances or articles used in the manufacture or sale of controlled substances which they have reasonable grounds to believe are in violation of law. Such controlled substances or articles shall be subject to condemnation.
80.35 Transition.
Persons employed by the department of general services as capitol security force officers shall be transferred to the division of capitol security of the department of public safety on July 1, 1976. Persons transferred pursuant to this section shall retain their positions as capitol security officers, shall not be subject to the requirements and conditions of section 80.15 and shall remain under the Iowa public employees' retirement system. Persons employed after July 1, 1976 by the department of public safety as capitol security officers within the division of capitol security shall be subject to the requirements and conditions of section 80.15, except those requirements relating to age, and shall be subject to the Iowa public employees' retirement system. The minimum age for persons employed by the division of capitol security shall be eighteen.
80.36 Maximum age.
The maximum age for a person to be employed as a peace officer in the department of public safety is sixty-five years of age.
80.37 Reimbursement of defense costs.
If a peace officer employed in any division of the department is charged with the alleged commission of public offense, based on acts or omissions within the scope of the officer's lawful duty or authority, and the charge is dismissed or the officer is acquitted of the charge, the presiding magistrate or judge shall enter judgment awarding reimbursement to the officer for any costs incurred in defending against the charge, including but not limited to a reasonable attorney fee, if the court finds the existence of any of the following grounds:
1. The charge was without probable cause.
2. The charge was filed for malicious purposes.
3. The charge was unwarranted in consideration of all of the circumstances and matters of law attending the alleged offense.
The officer may apply for review of a failure or refusal to rule or an adverse ruling as to the existence of any of the above grounds. The application shall be to a district judge if the officer is seeking review of the act of a magistrate or district associate judge and it shall be to a different district judge if review is sought of an act of a district judge.
80.38
Reserved. 80.39 Disposition of personal property.
1. Personal property, except for motor vehicles subject to sale pursuant to section 321.89, and seizable property subject to disposition pursuant to chapter 809, which personal property is found or seized by, turned in to, or otherwise lawfully comes into the possession of the department of public safety and which the department does not own, shall be disposed of pursuant to this section. If by examining the property the owner or lawful custodian of the property is known or can be readily ascertained, the department shall notify the owner or custodian by certified mail directed to the owner's or custodian's last known address, as to the location of the property. If the identity or address of the owner cannot be determined, notice by one publication in a newspaper of general circulation in the area where the property was found is sufficient notice. A published notice may contain multiple items.
2. The department may return the property to a person if that person or the person's representative does all of the following:
a. Appears at the location where the property is located.
b. Provides proper identification.
c. Demonstrates ownership or lawful possession of the property to the satisfaction of the department.
3. After ninety days following the mailing or publication of the notice required by this section, or if the owner or lawful custodian of the property is unknown or cannot be readily determined, or the department has not turned the property over to the owner, the lawful custodian, or the owner's or custodian's representative, the department may dispose of the property in any lawful way, including but not limited to the following:
a. Selling the property at public auction with the proceeds, less department expenses, going to the general fund of the state, however, the department shall be reimbursed from the proceeds for the reasonable expenses incurred in selling the property at the auction.
b. Retaining the property for the department's own use.
c. Giving the property to another agency of government.
d. Giving the property to an appropriate charitable organization.
e. Destroying the property.
4. Except when a person appears in person or through a representative within the time periods set by this section, and satisfies the department that the person is the owner or lawful custodian of the property, disposition of the property shall be at the discretion of the department. The department shall maintain the receipt and disposition records for all property processed under this section. Good faith compliance with this section is a defense to any claim or action at law or in equity regarding the disposition of the property.
80.4 Iowa state patrol.
The Iowa state patrol is established in the department of public safety. The patrol shall be under the direction of the commissioner of public safety.
80.40 Crime information.
Repealed by 92 Acts, ch 1157, § 13. 80.41 Highway safety patrol fund--future repeal.
Repealed by 99 Acts, ch 202, § 27. 80.5 Officers of patrol.
The commissioner of public safety is authorized to appoint a chief, a first and second assistant and all other supervisory officers of said patrol. All appointments and promotions shall be made on the basis of seniority and merit examination. There shall not be more than twenty supervisory officers in the said patrol unless the membership thereof is increased to such a number as to require the appointment of additional supervisory officers.
80.6 Impersonating officer--uniform.
Any person who impersonates a member of the Iowa state patrol or other officer or employee of the department, or wears a uniform likely to be confused with the official uniform of any such officer, with intent to deceive anyone, shall be guilty of a simple misdemeanor.
80.7 Railway special agents.
The commissioner of public safety may appoint as special agent any person who is regularly employed by a common carrier by rail to protect the property of said common carrier, its patrons, and employees. Such special agents shall not receive any compensation from the state.
80.8 Patrol members and employees--salaries.
The commissioner of public safety, with the approval of the governor, shall appoint such deputies, inspectors, officers, clerical workers and other employees as may be required to properly discharge the duties of this department.
The commissioner may delegate to the members of the Iowa state patrol such additional duties in the enforcement of this chapter as the commissioner may deem proper and incidental to the duties now imposed upon them by law.
The salaries of all members and employees of the department and the expenses of the department shall be provided for by the legislative appropriation therefor. The compensation of the members of the Iowa state patrol shall be fixed according to grades as to rank and length of service by the commissioner with the approval of the governor. The members of the Iowa state patrol shall be paid additional compensation in accordance with the following formula: When members of the Iowa state patrol have served for a period of five years their compensation then being paid shall be increased by the sum of twenty-five dollars per month beginning with the month succeeding the foregoing described five-year period; when members thereof have served for a period of ten years their compensation then being paid shall be increased by the sum of twenty-five dollars per month beginning with the month succeeding the foregoing described ten-year period, such sums being in addition to the increase provided herein to be paid after five years of service; when members thereof have served for a period of fifteen years their compensation then being paid shall be increased by the sum of twenty-five dollars per month beginning with the month succeeding the foregoing described fifteen-year period, such sums being in addition to the increases previously provided for herein; when members thereof have served for a period of twenty years their compensation then being paid shall be increased by the sum of twenty-five dollars per month beginning with the month succeeding the foregoing described twenty-year period, such sums being in addition to the increases previously provided for herein. While on active duty each member shall also receive a flat daily sum as fixed by the commissioner with the approval of the governor for meals while away from the office to which the member has been assigned and within the member's district.
A collective bargaining agreement entered into between the state and a state employee organization under chapter 20 made final after July 1, 1977, shall not include any pay adjustment to longevity pay authorized under this section.
80.9 Duties of department.
It shall be the duty of the department of public safety to prevent crime, to detect and apprehend criminals and to enforce such other laws as are hereinafter specified. The members of the department of public safety, except clerical workers therein, when authorized by the commissioner of public safety shall have and exercise all the powers of any peace officer of the state.
1. They shall not exercise their general powers within the limits of any city, except:
a. When so ordered by the direction of the governor;
b. When request is made by the mayor of any city, with the approval of the commissioner of public safety;
c. When request is made by the sheriff or county attorney of any county with the approval of the commissioner;
d. While in the pursuit of law violators or in investigating law violations;
e. While making any inspection provided by this chapter, or any additional inspection ordered by the commissioner;
f. When engaged in the investigating and enforcing of fire and arson laws;
g. When engaged in the investigation and enforcement of laws relating to narcotic, counterfeit, stimulant, and depressant drugs.
When any member of the department shall be acting in cooperation with any other local peace officer, or county attorney in general criminal investigation work, or when acting on a special assignment by the commissioner, the member's jurisdiction shall be statewide.
However, the above limitations shall in no way be construed as a limitation as to their power as officers when a public offense is being committed in their presence.
2. In more particular, their duties shall be as follows:
a. To enforce all state laws.
b. To enforce all laws relating to traffic on the public highways of the state, including those relating to the safe and legal operation of passenger cars, motorcycles, motor trucks and buses; to see that proper safety rules are observed and to give first aid to the injured.
c. To investigate all fires; to apprehend persons suspected of arson; to enforce all safety measures in connection with the prevention of fires; and to disseminate fire-prevention education.
d. To collect and classify, and keep at all times available, complete information useful for the detection of crime, and the identification and apprehension of criminals. Such information shall be available for all peace officers within the state, under such regulations as the commissioner may prescribe. The provisions of chapter 141A do not apply to the entry of human immunodeficiency virus-related information by criminal or juvenile justice agencies, as defined in section 692.1, into the Iowa criminal justice information system or the national crime information center system. The provisions of chapter 141A also do not apply to the transmission of the same information from either or both information systems to criminal or juvenile justice agencies. The provisions of chapter 141A also do not apply to the transmission of the same information from either or both information systems to employees of state correctional institutions subject to the jurisdiction of the department of corrections, employees of secure facilities for juveniles subject to the jurisdiction of the department of human services, and employees of city and county jails, if those employees have direct physical supervision over inmates of those facilities or institutions. Human immunodeficiency virus-related information shall not be transmitted over the police radio broadcasting system under chapter 693 or any other radio-based communications system. An employee of an agency receiving human immunodeficiency virus-related information under this section who communicates the information to another employee who does not have direct physical supervision over inmates, other than to a supervisor of an employee who has direct physical supervision over inmates for the purpose of conveying the information to such an employee, or who communicates the information to any person not employed by the agency or uses the information outside the agency is guilty of a class "D" felony. The commissioner shall adopt rules regarding the transmission of human immunodeficiency virus-related information including provisions for maintaining confidentiality of the information. The rules shall include a requirement that persons receiving information from the Iowa criminal justice information system or the national crime information center system receive training regarding confidentiality standards applicable to the information received from the system. The commissioner shall develop and establish, in cooperation with the department of corrections and the Iowa department of public health, training programs and program criteria for persons receiving human immunodeficiency virus-related information through the Iowa criminal justice information system or the national crime information center system.
e. To operate such radio broadcasting stations as may be necessary in order to disseminate information which will make possible the speedy apprehension of lawbreakers, as well as such other information as may be necessary in connection with the duties of this office.
f. Provide protection and security for persons and property on the grounds of the state capitol complex.
g. To assist persons who are responsible for the care of private and public land in identifying growing marijuana plants when the plants are reported to the department. The department shall also provide education to the persons regarding methods of eradicating the plants. The department shall adopt rules necessary to carry out this paragraph.
h. To maintain a vehicle theft unit in the Iowa state patrol to investigate and assist in the examination and identification of stolen, altered, or forfeited vehicles.
3. They may administer oaths, acknowledge signatures, and take voluntary testimony pursuant to their duties as provided by law.
4. It is the intent of the general assembly that the commissioner of public safety shall reassign the arson investigators from the division of criminal investigation and bureau of identification of the department of public safety to the state fire marshal's office effective July 1, 1978, and the arson investigators shall be under the direct supervision of the state fire marshal.
80A.1 Definitions.
As used in this chapter unless the context otherwise requires:
1. "Bail enforcement agent" means a person engaged in the bail enforcement business, including licensees and persons engaged in the bail enforcement business whose principal place of business is in a state other than Iowa.
2. "Bail enforcement business" means the business of taking or attempting to take into custody the principal on a bail bond issued or a deposit filed in relation to a criminal proceeding to assure the presence of the defendant at trial, but does not include such actions that are undertaken by a peace officer or a law enforcement officer in the course of the officer's official duties.
3. "Chief law enforcement officer" means the county sheriff, chief of police, or other chief law enforcement officer in the local governmental unit where a defendant is located.
4. "Commissioner" means the commissioner of public safety.
5. "Defendant" means the principal on a bail bond issued or deposit filed in relation to a criminal proceeding in order to assure the presence of the defendant at trial.
6. "Department" means the department of public safety.
7. "Licensee" means a person licensed under this chapter.
8. "Person" means an individual, partnership, corporation, or other business entity.
9. "Private investigative agency" means a person engaged in a private investigation business.
10. "Private investigation business" means the business of making, for hire or reward, an investigation for the purpose of obtaining information on any of the following matters:
a. Crime or wrongs done or threatened.
b. The habits, conduct, movements, whereabouts, associations, transactions, reputations, or character of a person.
c. The credibility of witnesses or other persons.
d. The location or recovery of lost or stolen property.
e. The cause, origin, or responsibility for fires, accidents, or injuries to property.
f. The truth or falsity of a statement or representation.
g. Detection of deception.
h. The business of securing evidence to be used before authorized investigating committees, boards of award or arbitration, or in the trial of civil or criminal cases.
11. "Private security agency" means a person engaged in a private security business.
12. "Private security business" means a business of furnishing, for hire or reward, guards, watch personnel, armored car personnel, patrol personnel, or other persons to protect persons or property, to prevent the unlawful taking of goods and merchandise, or to prevent the misappropriation or concealment of goods, merchandise, money, securities, or other valuable documents or papers, and includes an individual who for hire patrols, watches, or guards a residential, industrial, or business property or district.
13. "Uniform" means a manner of dress of a particular style and distinctive appearance as distinguished from ordinary clothing customarily used and worn by the general public.
|
