Senate File 384 S-3100 Amend Senate File 384 as follows: 1 1. By striking everything after the enacting clause 2 and inserting: 3 Section 1. Section 702.11, subsection 2, Code 2013, 4 is amended by adding the following new paragraph: 5 NEW PARAGRAPH . h. Removal of an officer’s 6 communication or control device in violation of section 7 708.12, subsection 3, paragraph “f” . 8 Sec. 2. NEW SECTION . 708.12 Removal of an 9 officer’s communication or control device. 10 1. As used in this section, “officer” means peace 11 officer as defined in section 724.2A or a correctional 12 officer. 13 2. A person who knowingly or intentionally removes 14 or attempts to remove a communication device or any 15 device used for control from the possession of an 16 officer, when the officer is in the performance of any 17 act which is within the scope of the lawful duty or 18 authority of that officer and the person knew or should 19 have known the individual to be an officer, commits the 20 offense of removal of an officer’s communication or 21 control device. 22 3. a. A person who removes or attempts to remove 23 an officer’s communication or control device is guilty 24 of a simple misdemeanor. 25 b. A person who knowingly or intentionally removes 26 or attempts to remove a communication or control device 27 from the possession of an officer with the intent to 28 interfere with the communications or duties of the 29 officer, is guilty of a serious misdemeanor. 30 c. If a violation of paragraph “a” results in 31 bodily injury to the officer the person is guilty of a 32 serious misdemeanor. 33 d. If a violation of paragraph “a” results in 34 serious injury to the officer the person is guilty of 35 an aggravated misdemeanor. 36 e. If a violation of paragraph “a” occurs and the 37 person knowingly or intentionally causes bodily injury 38 to the officer the person is guilty of an aggravated 39 misdemeanor. 40 f. If a violation of paragraph “a” occurs and the 41 person knowingly or intentionally causes serious injury 42 to the officer the person is guilty of a class “D” 43 felony. 44 Sec. 3. Section 719.1, subsections 1 and 2, Code 45 2013, are amended to read as follows: 46 1. a. A person who knowingly resists or obstructs 47 anyone known by the person to be a peace officer, 48 emergency medical care provider under chapter 147A , 49 or fire fighter, whether paid or volunteer, in the 50 -1- SF384.1362 (3) 85 jm/nh 1/ 3 #1.

performance of any act which is within the scope of the 1 lawful duty or authority of that officer, emergency 2 medical care provider under chapter 147A , or fire 3 fighter, whether paid or volunteer, or who knowingly 4 resists or obstructs the service or execution by any 5 authorized person of any civil or criminal process or 6 order of any court, commits a simple misdemeanor. In 7 addition to any other penalties, the punishment imposed 8 for a violation of this subsection shall include 9 assessment of a fine of not less than two hundred fifty 10 dollars. However, if 11 b. If a person commits interference with official 12 acts, as defined in this subsection, which results 13 in bodily injury, the person commits a serious 14 misdemeanor. 15 c. If a person commits interference with official 16 acts, as defined in this subsection, which results 17 in serious injury, the person commits an aggravated 18 misdemeanor. 19 d. If a person commits an interference with 20 official acts, as defined in this subsection , and in so 21 doing inflicts bodily injury other than serious injury, 22 that person commits an aggravated misdemeanor. 23 e. If a person commits an interference with 24 official acts, as defined in this subsection , and in so 25 doing inflicts or attempts to inflict serious injury, 26 or displays a dangerous weapon, as defined in section 27 702.7 , or is armed with a firearm, that person commits 28 a class “D” felony. 29 2. a. A person under the custody, control, or 30 supervision of the department of corrections who 31 knowingly resists, obstructs, or interferes with a 32 correctional officer, agent, employee, or contractor, 33 whether paid or volunteer, in the performance of 34 the person’s official duties, commits a serious 35 misdemeanor. 36 b. If a person violates this subsection and in so 37 doing commits an assault, as defined in section 708.1 , 38 the person commits an aggravated misdemeanor. 39 c. If a person violates this subsection and the 40 violation results in bodily injury to another, the 41 person commits an aggravated misdemeanor. 42 d. If a person violates this subsection and the 43 violation results in serious injury to another, the 44 person commits a class “D” felony. 45 e. If a person violates this subsection and in so 46 doing inflicts or attempts to inflict bodily injury 47 other than serious injury to another, displays a 48 dangerous weapon, as defined in section 702.7 , or is 49 armed with a firearm, the person commits a class “D” 50 -2- SF384.1362 (3) 85 jm/nh 2/ 3

felony. 1 f. If a person violates this subsection and uses 2 or attempts to use a dangerous weapon, as defined in 3 section 702.7 , or inflicts serious injury to another, 4 the person commits a class “C” felony. > 5 ______________________________ ROBERT M. HOGG ______________________________ CHARLES SCHNEIDER -3- SF384.1362 (3) 85 jm/nh 3/ 3