HF 557 (LSB 1927HV (2) 85)

HOUSE FILE 557

BY  COMMITTEE ON PUBLIC SAFETY

(SUCCESSOR TO HSB 127)

A BILL FOR

An Act establishing a criminal offense for removing or attempting to remove a communication device from the possession of a peace officer, reserve peace officer, jailer, or correctional officer.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  708.12  Removal of peace officer’s communication device.
   1.  As used in this section “peace officer” means a peace officer as defined in section 801.4, a reserve peace officer, a jailer, or a correctional officer.
   2.  A person who knowingly or intentionally removes or attempts to remove a communication device from the possession of a peace officer when the officer is in the performance of any act which is within the scope of the lawful duty or authority of that officer and the person knew or should have known the individual to be a peace officer, commits the offense of removal of a peace officer’s communication device.
   3.  A person who removes or attempts to remove a peace officer’s communication device is guilty of a class “D” felony.
EXPLANATION
   This bill establishes a criminal offense for removing or attempting to remove a communication device from the possession of a peace officer.
   The bill defines peace officer to mean a peace officer as defined in Code section 801.4, a reserve peace officer, a jailer, or a correctional officer.
   Under the bill, a person commits removal of a peace officer’s communication device when the person knowingly or intentionally removes or attempts to remove a communication device from the possession of a peace officer, when the officer is in the performance of the official duties of the officer and the person knew or should have known the individual to be a peace officer.
   A person who violates the bill commits a class “D” felony. A violation of the bill may also meet the definition of a forcible felony under Code section 702.11. A person convicted of a forcible felony is not eligible to receive a suspended sentence or deferred judgment, pursuant to section 907.3. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $750 but not more than $7,500.