House Study Bill 127 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON PUBLIC SAFETY BILL BY CHAIRPERSON BAUDLER) A BILL FOR An Act establishing a criminal offense for removing or 1 attempting to remove a communication device from the 2 possession of a peace officer. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1927YC (2) 85 jm/nh
H.F. _____ Section 1. NEW SECTION . 708.12 Removal of peace officer’s 1 communication device. 2 1. A person who knowingly or intentionally removes or 3 attempts to remove a communication device from the possession 4 of a peace officer, as defined in section 724.2A, when the 5 officer is in the performance of any act which is within the 6 scope of the lawful duty or authority of that officer and the 7 person knew or should have known the individual to be a peace 8 officer, commits the offense of removal of a peace officer’s 9 communication device. 10 2. A person who removes or attempts to remove a peace 11 officer’s communication device is guilty of a class “D” felony. 12 EXPLANATION 13 This bill establishes a criminal offense for removing or 14 attempting to remove a communication device from the possession 15 of a peace officer. 16 Under the bill, a person commits removal of a peace officer’s 17 communication device when the person knowingly or intentionally 18 removes or attempts to remove a communication device from the 19 possession of a peace officer, when the officer is in the 20 performance of the official duties of the officer and the 21 person knew or should have known the individual to be a peace 22 officer. 23 A person who violates the bill commits a class “D” felony. A 24 class “D” felony is punishable by confinement for no more than 25 five years and a fine of at least $750 but not more than $7,500. 26 -1- LSB 1927YC (2) 85 jm/nh 1/ 1