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Text: SF00314                           Text: SF00316
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Senate File 315

Partial Bill History

Bill Text

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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