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HF 42

A bill for an act relating to the review of an officer-involved shooting case by a county attorney.

2025-2026 Regular Session Introduced by Josh Meggers

Establishes a formal county attorney review of officer-involved shootings with a written opinion, charging decision, or referral, due within 180 days.

Withdrawn.
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Bill Summary · HF 42

HF 42 — Summary

A bill relating to how officer-involved shootings are reviewed by a county attorney. The bill was introduced on January 14, 2025, underwent committee action, but was withdrawn on March 14, 2025. Sponsor: Meggers.

Purpose and Intent

  • To establish a formal process for the county attorney to review officer-involved shootings that result in death or serious bodily injury.
  • The goal is to determine whether to issue a charging decision, convene a grand jury, or refer the case to the attorney general or another independent prosecutor.

Key Provisions

  • New subsection added to Code section 331.756 (Provisions governing county attorney procedures) governing officer-involved shooting reviews.
  • In cases where an officer-involved shooting results in death or serious bodily injury, the county attorney must:
    • Review the available evidence and render a written opinion and charging decision, convene a grand jury, or refer the case to the attorney general as provided in section 13.12.
    • Provide a written report detailing the results of the review to the involved officer or the officer’s counsel and the officer’s employing agency.
  • Timeframe:
    • The written report detailing the review results must be provided within 180 days.
  • Conflict of Interest:
    • If a conflict of interest exists, the review must be referred to an independent county attorney, the attorney general, or a special prosecutor.
  • Definitions:
    • “Officer” is defined as the same term used in section 801.4, subsection 11.

Affected Parties

  • Primary: County attorneys (county attorney offices).
  • Officers involved in a shooting, including the officer’s counsel and employing agency.
  • Independent counsel options: independent county attorney, attorney general, or a special prosecutor if conflicts arise.
  • Potentially affected additional actors: grand juries and authorities referenced in section 13.12.

Procedural and Timeline Considerations

  • Processing timeline: 180-day requirement to provide a written report to the involved officer, counsel, and employing agency.
  • Decision paths: The county attorney could issue a charging decision, convene a grand jury, or refer the case to the attorney general.
  • Conflict-of-interest mechanism ensures an alternative prosecutorial path when necessary.

Legislative History and Status

  • Introduced: January 14, 2025; Primary sponsor: Meggers.
  • Subcommittee: January 15, 2025; recommendation to pass on January 29–30, 2025.
  • Committee: February 12, 2025, with a recommendation for amendment and passage; full committee vote: Yeas 21, Nays 0; Excused 2.
  • Renumbering: February 20, 2025, the bill was renumbered as HF 549.
  • Withdrawal: March 14, 2025 — the bill was withdrawn from consideration.

Notes

  • The bill’s core mechanism would centralize or formalize the review of officer-involved shootings within the county attorney’s office, with explicit reporting obligations and clear options for subsequent action or external referral if conflicts arise.
  • Although withdrawn, the prior legislative actions provide a clear record of intent, scope, and procedural structure that could be revisited in future bills.

Compiled from official sources — confirm details with the bill’s official record.

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