House File 2114 - Introduced HOUSE FILE 2114 BY SHAW A BILL FOR An Act relating to the murder of a peace officer, reserve peace 1 officer, correctional officer, jailer, public employee, or 2 hostage, and providing penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5151YH (3) 85 jm/rj

H.F. 2114 Section 1. Section 707.2, subsection 1, paragraph d, Code 1 2014, is amended to read as follows: 2 d. The person intentionally kills a peace officer , 3 correctional officer, public employee, or hostage while the 4 person is imprisoned in a correctional institution under the 5 jurisdiction of the Iowa department of corrections, or in a 6 city or county jail or reserve peace officer when the officer 7 is in the performance of any act which is within the scope of 8 the lawful duty or authority of that officer and the person 9 knew or should have known the individual to be an officer . 10 Sec. 2. Section 707.2, Code 2014, is amended by adding the 11 following new paragraph: 12 NEW PARAGRAPH . g. The person intentionally kills a 13 correctional officer, jailer, public employee, or hostage while 14 the person is imprisoned in a correctional institution under 15 the jurisdiction of the Iowa department of corrections, or in 16 a city or county jail. 17 Sec. 3. Section 707.3, subsection 1, Code 2014, is amended 18 to read as follows: 19 1. a. A person commits murder in the second degree when the 20 person commits murder which is not murder in the first degree. 21 b. Murder in the second degree is a class “A” felony in the 22 following circumstances: 23 (1) The person kills a peace officer or reserve peace 24 officer when the officer is in the performance of any act which 25 is within the scope of the lawful duty or authority of that 26 officer and the person knew or should have known the individual 27 to be an officer. 28 (2) The person kills a correctional officer, jailer, 29 public employee, or hostage while the person is imprisoned in 30 a correctional institution under the jurisdiction of the Iowa 31 department of corrections, or in a city or county jail. 32 EXPLANATION 33 The inclusion of this explanation does not constitute agreement with 34 the explanation’s substance by the members of the general assembly. 35 -1- LSB 5151YH (3) 85 jm/rj 1/ 2

H.F. 2114 This bill specifies that murder in the first degree includes 1 the intentional killing of a peace officer or reserve peace 2 officer when the officer is in the performance of any act which 3 is within the scope of the lawful duty or authority of that 4 officer and the person knew or should have known the individual 5 to be an officer. The bill further specifies that murder in 6 the first degree includes the intentional killing of a jailer 7 while the killer is incarcerated in a city or county jail. 8 Under current law, murder in the first degree includes the 9 intentional killing of a peace officer, correctional officer, 10 public employee, or hostage while the person is imprisoned in 11 a correctional institution under the jurisdiction of the Iowa 12 department of corrections, or in a city or county jail. 13 Murder in the first degree is a class “A” felony. 14 The bill specifies that murder in the second degree is a 15 class “A” felony if the person kills a peace officer or reserve 16 peace officer when the officer is in the performance of any 17 act which is within the scope of the lawful duty or authority 18 of that officer and the person knew or should have known 19 the individual to be an officer. The bill further specifies 20 that murder in the second degree is a class “A” felony if the 21 person kills a correctional officer, jailer, public employee, 22 or hostage while the person is imprisoned in a correctional 23 institution under the jurisdiction of the Iowa department 24 of corrections, or in a city or county jail. Currently, a 25 conviction for any murder in the second degree is a class “B” 26 felony subject to a maximum term of confinement of 50 years 27 and is classified as a 70 percent sentence under Code section 28 902.12. 29 -2- LSB 5151YH (3) 85 jm/rj 2/ 2