Text: SF00314 Text: SF00316 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 719.2A DISARMING A PEACE OFFICER 1 2 – PENALTIES. 1 3 1. A person commits the offense of disarming a peace 1 4 officer if the person removes a firearm from the person of a 1 5 peace officer, or deprives a peace officer of the use of a 1 6 firearm assigned for use by the peace officer and all of the 1 7 following circumstances apply: 1 8 a. The officer is acting within the scope of the lawful 1 9 duty or authority of that officer. 1 10 b. The person who removes or deprives the officer of the 1 11 firearm knows or reasonably should know that the officer is a 1 12 peace officer. 1 13 c. The person removing or depriving the peace officer of 1 14 the firearm is not another peace officer or does not have the 1 15 express or implied permission of the peace officer to take 1 16 possession of the firearm. 1 17 2. A person who commits the offense of disarming a peace 1 18 officer commits a class "D" felony. 1 19 3. A person who attempts to commit the offense of 1 20 disarming a peace officer as provided in subsection 1 commits 1 21 an aggravated misdemeanor if the firearm discharges during the 1 22 attempt. A person who attempts to commit the offense of 1 23 disarming a peace officer as provided in subsection 1 commits 1 24 a serious misdemeanor if the firearm does not discharge during 1 25 the attempt. 1 26 EXPLANATION 1 27 This bill establishes the new offense of disarming a peace 1 28 officer. A person commits the offense when the person removes 1 29 or deprives a peace officer of the peace officer's assigned 1 30 firearm and the peace officer is acting within the peace 1 31 officer's duties or authority, the person knows or should know 1 32 that the peace officer is a peace officer, and the person who 1 33 is removing or depriving the peace officer is either not 1 34 another peace officer or does not have the express or implied 1 35 permission of the peace officer to take possession of the 2 1 weapon. 2 2 The offense of disarming a peace officer is a class "D" 2 3 felony punishable by confinement of no more than five years 2 4 and a possible fine of at least $500 but not more than $7,500. 2 5 Attempts to disarm a peace officer in which the firearm 2 6 discharges are aggravated misdemeanors punishable by 2 7 imprisonment not to exceed two years and a possible fine of at 2 8 least $500 but not more than $5,000. Attempts to disarm a 2 9 peace officer in which the firearm does not discharge are 2 10 serious misdemeanors punishable by a fine of at least $250 but 2 11 not more than $1,500 and possible imprisonment not to exceed 2 12 one year. 2 13 LSB 1766SV 77 2 14 lh/jw/5
Text: SF00314 Text: SF00316 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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