SF 384 (LSB 1927SV (3) 85)

SENATE FILE 384

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO SF 151)

A BILL FOR

An Act relating to removing or attempting to remove a communication or control device from the possession of a peace officer or correctional officer, interference with official acts, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  708.12  Removal of an officer’s communication or control device.
   1.  As used in this section, “officer” means peace officer as defined in section 724.2A or a correctional officer.
   2.  A person who knowingly or intentionally removes or attempts to remove a communication device or any device used for control from the possession of an 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 an officer, commits the offense of removal of an officer’s communication or control device.
   3.
  a.  A person who removes or attempts to remove an officer’s communication or control device is guilty of a simple misdemeanor.
   b.  A person who knowingly or intentionally removes or attempts to remove a communication or control device from the possession of an officer with the intent to interfere with the communications or duties of the officer, is guilty of a serious misdemeanor.
   c.  If a violation of paragraph “b” results in bodily injury to the officer the person is guilty of an aggravated misdemeanor.
   d.  If a violation of paragraph “b” results in serious injury to the officer the person is guilty of a class “D” felony.
    Sec. 2.  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 removing or attempting to remove a communication or control device from the possession of an officer and interference with official acts.
   Under the bill, a person commits removal of an officer’s communication or control device when the person knowingly or intentionally removes or attempts to remove a communication device or any device used for control from the possession of an 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 an officer. The bill defines “officer” as a peace officer as defined in Code section 724.2A or a correctional officer.
   Under the bill, a person who removes or attempts to remove an officer’s communication or control device commits a simple misdemeanor. If a person knowingly or intentionally removes or attempts to remove a communication or control device from the possession of an officer with the intent to interfere with the communications or duties of the officer, the person is guilty of a serious misdemeanor. If bodily injury results from such removal or attempted removal, the person is guilty of an aggravated misdemeanor, and if serious injury results from such removal or attempted removal the person is guilty of a class “D” felony.
   A felony violation involving removal of an officer’s communication or control device may 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 Code section 907.3.
   The bill also 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.
   A simple misdemeanor is punishable by confinement for no more than 30 days or a fine of at least $65 but not more than $625 or by both. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $315 but not more than $1,875. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $625 but not more than $6,250. 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.