SF 243 (LSB 1031SV (1) 89)

SENATE FILE 243

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO SSB 1054)

A BILL FOR

An Act relating to public safety including the crimes of failure to assist, abuse of a corpse, and interference with official acts, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 708.14, subsection 1, Code 2021, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  c.  Fails to disclose the known location of a corpse with the intent to conceal a crime.
    Sec. 2.  Section 719.1, subsection 1, paragraph a, Code 2021, is amended to read as follows:
   a.  A person commits interference with official acts when the person knowingly resists or obstructs anyone known by the person to be a peace officer, jailer, emergency medical care provider under chapter 147A, medical examiner, or fire fighter, whether paid or volunteer, or a person performing bailiff duties pursuant to section 602.1303, subsection 3, in the performance of any act which is within the scope of the lawful duty or authority of that officer, jailer, emergency medical care provider under chapter 147A, medical examiner, or fire fighter, whether paid or volunteer, or a person performing bailiff duties pursuant to section 602.1303, subsection 3, 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.
    Sec. 3.  NEW SECTION.  727.12  Failure to assist.
   1.  A person who witnesses another person suffering from imminent danger of death or risk of serious bodily injury, who, unreasonably and without lawful cause, fails to immediately contact local emergency response authorities or local law enforcement, or both, as required by the circumstances, commits an aggravated misdemeanor.
   2.  For the purposes of fulfilling the requirement imposed by subsection 1, a promptly placed 911 call shall discharge the requirement to assist.
   3.  a.  It shall be a defense to a prosecution brought under subsection 1 that the person actually believed that the other person was not suffering from imminent danger of death or risk of serious bodily injury. 
   b.  It shall be a defense to a prosecution brought under subsection 1 that the person attempted to contact the local emergency response authorities or local law enforcement, or both, and was unable to contact either or both due to circumstances beyond the person’s control. 
   4.  For purposes of this section, “serious bodily injury” means the same as defined in section 455B.146A.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to public safety including the crimes of failure to assist, abuse of a corpse, and interference with official acts, and provides penalties.
   The bill provides that a person commits the crime of abuse of a corpse when the person fails to disclose the known location of a corpse with the intent to conceal a crime. Under current law, abuse of a corpse is a class “D” felony punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245.
   The bill includes a medical examiner in the current law relating to the crime of interference with official acts. The bill provides that a person commits interference with official acts when the person knowingly resists or obstructs anyone known by the person to be a peace officer, jailer, emergency medical care provider, medical examiner, or fire fighter, or a person performing bailiff duties, in the performance of any act which is within the scope of the lawful duty or authority, 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. Interference with official acts is a simple misdemeanor and shall include the assessment of a fine of not less than $250.
   The bill creates the crime of failure to assist. The bill provides that a person who witnesses another person suffering from imminent danger of death or risk of serious bodily injury, who, unreasonably and without lawful cause, fails to immediately contact local emergency response authorities or local law enforcement, or both, as required by the circumstances, commits an aggravated misdemeanor. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $855 but not more than $8,540. 
   The bill provides that a promptly placed 911 call discharges the requirement to assist. It is a defense to prosecution for failure to assist if the person actually believed that the other person was not suffering from imminent danger of death or risk of serious bodily injury, or that the person attempted to contact the local emergency response authorities or local law enforcement, or both, and was unable to contact either or both due to circumstances beyond the person’s control. 
   The bill defines “serious bodily injury” as bodily injury which involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty.