Senate
File
243
-
Introduced
SENATE
FILE
243
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
1054)
A
BILL
FOR
An
Act
relating
to
public
safety
including
the
crimes
of
1
failure
to
assist,
abuse
of
a
corpse,
and
interference
with
2
official
acts,
and
providing
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
1031SV
(1)
89
as/rh
S.F.
243
Section
1.
Section
708.14,
subsection
1,
Code
2021,
is
1
amended
by
adding
the
following
new
paragraph:
2
NEW
PARAGRAPH
.
c.
Fails
to
disclose
the
known
location
of
a
3
corpse
with
the
intent
to
conceal
a
crime.
4
Sec.
2.
Section
719.1,
subsection
1,
paragraph
a,
Code
2021,
5
is
amended
to
read
as
follows:
6
a.
A
person
commits
interference
with
official
acts
when
7
the
person
knowingly
resists
or
obstructs
anyone
known
by
8
the
person
to
be
a
peace
officer,
jailer,
emergency
medical
9
care
provider
under
chapter
147A
,
medical
examiner,
or
fire
10
fighter,
whether
paid
or
volunteer,
or
a
person
performing
11
bailiff
duties
pursuant
to
section
602.1303,
subsection
3
,
in
12
the
performance
of
any
act
which
is
within
the
scope
of
the
13
lawful
duty
or
authority
of
that
officer,
jailer,
emergency
14
medical
care
provider
under
chapter
147A
,
medical
examiner,
or
15
fire
fighter,
whether
paid
or
volunteer,
or
a
person
performing
16
bailiff
duties
pursuant
to
section
602.1303,
subsection
3
,
or
17
who
knowingly
resists
or
obstructs
the
service
or
execution
by
18
any
authorized
person
of
any
civil
or
criminal
process
or
order
19
of
any
court.
20
Sec.
3.
NEW
SECTION
.
727.12
Failure
to
assist.
21
1.
A
person
who
witnesses
another
person
suffering
from
22
imminent
danger
of
death
or
risk
of
serious
bodily
injury,
who,
23
unreasonably
and
without
lawful
cause,
fails
to
immediately
24
contact
local
emergency
response
authorities
or
local
law
25
enforcement,
or
both,
as
required
by
the
circumstances,
commits
26
an
aggravated
misdemeanor.
27
2.
For
the
purposes
of
fulfilling
the
requirement
imposed
by
28
subsection
1,
a
promptly
placed
911
call
shall
discharge
the
29
requirement
to
assist.
30
3.
a.
It
shall
be
a
defense
to
a
prosecution
brought
under
31
subsection
1
that
the
person
actually
believed
that
the
other
32
person
was
not
suffering
from
imminent
danger
of
death
or
risk
33
of
serious
bodily
injury.
34
b.
It
shall
be
a
defense
to
a
prosecution
brought
under
35
-1-
LSB
1031SV
(1)
89
as/rh
1/
3
S.F.
243
subsection
1
that
the
person
attempted
to
contact
the
local
1
emergency
response
authorities
or
local
law
enforcement,
2
or
both,
and
was
unable
to
contact
either
or
both
due
to
3
circumstances
beyond
the
person’s
control.
4
4.
For
purposes
of
this
section,
“serious
bodily
injury”
5
means
the
same
as
defined
in
section
455B.146A.
6
EXPLANATION
7
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
8
the
explanation’s
substance
by
the
members
of
the
general
assembly.
9
This
bill
relates
to
public
safety
including
the
crimes
of
10
failure
to
assist,
abuse
of
a
corpse,
and
interference
with
11
official
acts,
and
provides
penalties.
12
The
bill
provides
that
a
person
commits
the
crime
of
abuse
of
13
a
corpse
when
the
person
fails
to
disclose
the
known
location
14
of
a
corpse
with
the
intent
to
conceal
a
crime.
Under
current
15
law,
abuse
of
a
corpse
is
a
class
“D”
felony
punishable
by
16
confinement
for
no
more
than
five
years
and
a
fine
of
at
least
17
$1,025
but
not
more
than
$10,245.
18
The
bill
includes
a
medical
examiner
in
the
current
law
19
relating
to
the
crime
of
interference
with
official
acts.
The
20
bill
provides
that
a
person
commits
interference
with
official
21
acts
when
the
person
knowingly
resists
or
obstructs
anyone
22
known
by
the
person
to
be
a
peace
officer,
jailer,
emergency
23
medical
care
provider,
medical
examiner,
or
fire
fighter,
or
a
24
person
performing
bailiff
duties,
in
the
performance
of
any
act
25
which
is
within
the
scope
of
the
lawful
duty
or
authority,
or
26
who
knowingly
resists
or
obstructs
the
service
or
execution
by
27
any
authorized
person
of
any
civil
or
criminal
process
or
order
28
of
any
court.
Interference
with
official
acts
is
a
simple
29
misdemeanor
and
shall
include
the
assessment
of
a
fine
of
not
30
less
than
$250.
31
The
bill
creates
the
crime
of
failure
to
assist.
The
32
bill
provides
that
a
person
who
witnesses
another
person
33
suffering
from
imminent
danger
of
death
or
risk
of
serious
34
bodily
injury,
who,
unreasonably
and
without
lawful
cause,
35
-2-
LSB
1031SV
(1)
89
as/rh
2/
3
S.F.
243
fails
to
immediately
contact
local
emergency
response
1
authorities
or
local
law
enforcement,
or
both,
as
required
2
by
the
circumstances,
commits
an
aggravated
misdemeanor.
An
3
aggravated
misdemeanor
is
punishable
by
confinement
for
no
more
4
than
two
years
and
a
fine
of
at
least
$855
but
not
more
than
5
$8,540.
6
The
bill
provides
that
a
promptly
placed
911
call
discharges
7
the
requirement
to
assist.
It
is
a
defense
to
prosecution
for
8
failure
to
assist
if
the
person
actually
believed
that
the
9
other
person
was
not
suffering
from
imminent
danger
of
death
or
10
risk
of
serious
bodily
injury,
or
that
the
person
attempted
to
11
contact
the
local
emergency
response
authorities
or
local
law
12
enforcement,
or
both,
and
was
unable
to
contact
either
or
both
13
due
to
circumstances
beyond
the
person’s
control.
14
The
bill
defines
“serious
bodily
injury”
as
bodily
injury
15
which
involves
a
substantial
risk
of
death,
unconsciousness,
16
extreme
physical
pain,
protracted
and
obvious
disfigurement,
17
or
protracted
loss
or
impairment
of
the
function
of
a
bodily
18
member,
organ,
or
mental
faculty.
19
-3-
LSB
1031SV
(1)
89
as/rh
3/
3