HF 528 (LSB 2049HV (1) 85)

HOUSE FILE 528

BY  COMMITTEE ON PUBLIC SAFETY

(SUCCESSOR TO HSB 128)

A BILL FOR

An Act modifying the criminal offense of interference with official acts.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 719.1, subsections 1 and 2, Code 2013, are amended to read as follows:
   1.  A person who knowingly resists or obstructs anyone known by the person to be a peace officer, emergency medical care provider under chapter 147A, or fire fighter, whether paid or volunteer, in the performance of any act which is within the scope of the lawful duty or authority of that officer, emergency medical care provider under chapter 147A, or fire fighter, whether paid or volunteer, or who knowingly resists or obstructs the service or execution by any authorized person of any civil or criminal process or order of any court, commits a simple misdemeanor. In addition to any other penalties, the punishment imposed for a violation of this subsection shall include assessment of a fine of not less than two hundred fifty dollars. However, if a person commits an interference with official acts, as defined in this subsection, and in so doing inflicts
 
which results in bodily injury other than serious injury, that person commits an aggravated misdemeanor. If a person commits an interference with official acts, as defined in this subsection, and in so doing inflicts or attempts to inflict
 
which results in serious injury, or displays a dangerous weapon, as defined in section 702.7, or is armed with a firearm, that person commits a class “D” felony.
   2.  A person under the custody, control, or supervision of the department of corrections who knowingly resists, obstructs, or interferes with a correctional officer, agent, employee, or contractor, whether paid or volunteer, in the performance of the person’s official duties, commits a serious misdemeanor. If a person violates this subsection and in so doing commits an assault, as defined in section 708.1, the person commits an aggravated misdemeanor. If a person violates this subsection and in so doing inflicts or attempts to inflict
 
the violation results in bodily injury other than serious injury to another, displays a dangerous weapon, as defined in section 702.7, or is armed with a firearm, the person commits a class “D” felony. If a person violates this subsection and uses or attempts to use a dangerous weapon, as defined in section 702.7, or inflicts
 
the violation results in serious injury to another, the person commits a class “C” felony.
EXPLANATION
   This bill relates to the criminal offense of interference with official acts.
   The bill provides that a person commits the offense of interference with official acts if the violation results in bodily or serious injury to a peace officer, emergency medical care provider, correctional officer, or other member of a protected class under Code section 719.1.
   Current law provides that a person commits the offense of interference with official acts if the person inflicts or attempts to inflict bodily or serious injury.
   Under the bill, if a person commits interference with official acts that results in bodily injury to a member of a protected class, the person commits an aggravated misdemeanor if the injury is to a peace officer or emergency medical officer, or a class “D” felony if the injury is to a correctional officer.
   If a person commits interference with official acts that results in serious injury, the person commits a class “D” felony if the injury is to a peace officer or emergency medical officer, or a class “C” felony if the injury is to a correctional officer.