H.F. 557 Section 1. NEW SECTION . 708.12 Removal of peace officer’s 1 communication device. 2 1. As used in this section “peace officer” means a peace 3 officer as defined in section 801.4, a reserve peace officer, a 4 jailer, or a correctional officer. 5 2. A person who knowingly or intentionally removes or 6 attempts to remove a communication device from the possession 7 of a peace officer when the officer is in the performance 8 of any act which is within the scope of the lawful duty or 9 authority of that officer and the person knew or should have 10 known the individual to be a peace officer, commits the offense 11 of removal of a peace officer’s communication device. 12 3. A person who removes or attempts to remove a peace 13 officer’s communication device is guilty of a class “D” felony. 14 EXPLANATION 15 This bill establishes a criminal offense for removing or 16 attempting to remove a communication device from the possession 17 of a peace officer. 18 The bill defines peace officer to mean a peace officer 19 as defined in Code section 801.4, a reserve peace officer, a 20 jailer, or a correctional officer. 21 Under the bill, a person commits removal of a peace officer’s 22 communication device when the person knowingly or intentionally 23 removes or attempts to remove a communication device from the 24 possession of a peace officer, when the officer is in the 25 performance of the official duties of the officer and the 26 person knew or should have known the individual to be a peace 27 officer. 28 A person who violates the bill commits a class “D” felony. 29 A violation of the bill may also meet the definition of a 30 forcible felony under Code section 702.11. A person convicted 31 of a forcible felony is not eligible to receive a suspended 32 sentence or deferred judgment, pursuant to section 907.3. A 33 class “D” felony is punishable by confinement for no more than 34 five years and a fine of at least $750 but not more than $7,500. 35 -1- LSB 1927HV (2) 85 jm/nh 1/ 1