House File 398 - Introduced HOUSE FILE 398 BY COMMITTEE ON PUBLIC SAFETY (SUCCESSOR TO HSB 69) A BILL FOR An Act modifying the criminal offense of interference with 1 official acts. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2205HV (1) 84 jm/nh

H.F. 398 Section 1. Section 719.1, subsections 1 and 2, Code 2011, 1 are amended to read as follows: 2 1. A person who knowingly resists or obstructs anyone known 3 by the person to be a peace officer, emergency medical care 4 provider under chapter 147A , or fire fighter, whether paid 5 or volunteer, in the performance of any act which is within 6 the scope of the lawful duty or authority of that officer, 7 emergency medical care provider under chapter 147A , or fire 8 fighter, whether paid or volunteer, or who knowingly resists or 9 obstructs the service or execution by any authorized person of 10 any civil or criminal process or order of any court, commits a 11 simple misdemeanor. In addition to any other penalties, the 12 punishment imposed for a violation of this subsection shall 13 include assessment of a fine of not less than two hundred fifty 14 dollars. However, if a person commits an interference with 15 official acts, as defined in this subsection , and in so doing 16 inflicts which results in bodily injury other than serious 17 injury , that person commits an aggravated misdemeanor. If a 18 person commits an interference with official acts, as defined 19 in this subsection , and in so doing inflicts or attempts 20 to inflict which results in serious injury, or displays a 21 dangerous weapon, as defined in section 702.7 , or is armed with 22 a firearm, that person commits a class “D” felony. 23 2. A person under the custody, control, or supervision of 24 the department of corrections who knowingly resists, obstructs, 25 or interferes with a correctional officer, agent, employee, or 26 contractor, whether paid or volunteer, in the performance of 27 the person’s official duties, commits a serious misdemeanor. 28 If a person violates this subsection and in so doing commits 29 an assault, as defined in section 708.1 , the person commits an 30 aggravated misdemeanor. If a person violates this subsection 31 and in so doing inflicts or attempts to inflict the violation 32 results in bodily injury other than serious injury to another, 33 displays a dangerous weapon, as defined in section 702.7 , or is 34 armed with a firearm, the person commits a class “D” felony. 35 -1- LSB 2205HV (1) 84 jm/nh 1/ 2

H.F. 398 If a person violates this subsection and uses or attempts 1 to use a dangerous weapon, as defined in section 702.7 , or 2 inflicts the violation results in serious injury to another, 3 the person commits a class “C” felony. 4 EXPLANATION 5 This bill relates to the criminal offense of interference 6 with official acts. 7 The bill provides that a person commits the offense of 8 interference with official acts if the violation results in 9 bodily or serious injury to a peace officer, emergency medical 10 care provider, correctional officer, or other member of a 11 protected class under Code section 719.1. 12 Current law provides that a person commits the offense 13 of interference with official acts if the person inflicts or 14 attempts to inflict bodily or serious injury. 15 Under the bill, if a person commits interference with 16 official acts that results in bodily injury to a member 17 of a protected class, the person commits an aggravated 18 misdemeanor if the injury is to a peace officer or emergency 19 medical officer, or a class “D” felony if the injury is to a 20 correctional officer. 21 If a person commits interference with official acts that 22 results in serious injury, the person commits a class “D” 23 felony if the injury is to a peace officer or emergency 24 medical officer, or a class “C” felony if the injury is to a 25 correctional officer. 26 -2- LSB 2205HV (1) 84 jm/nh 2/ 2