House File 2217 - Introduced HOUSE FILE 2217 BY BRADLEY A BILL FOR An Act establishing the public offense of resisting arrest, and 1 providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5880YH (3) 90 as/js

H.F. 2217 Section 1. NEW SECTION . 719.1B Resisting arrest. 1 1. A person commits the offense of resisting arrest when 2 the person intentionally takes action to prevent or attempt to 3 prevent a peace officer from affecting a lawful arrest of the 4 person, or another person, by doing any of the following: 5 a. Using or threatening the use of physical force or 6 violence. 7 b. Committing criminal mischief as defined in section 716.1. 8 c. Using any means that create a risk of physical injury to 9 the peace officer or another person. 10 d. Employing any actions requiring substantial force to 11 overcome the resistance. 12 e. Fleeing from a peace officer attempting to arrest the 13 person. 14 f. Disarming or attempting to disarm the peace officer. 15 g. Using a vehicle or weapon to prevent or attempt to 16 prevent a lawful arrest. 17 h. Engaging in any other behavior or conduct intended to 18 prevent a peace officer from affecting a lawful arrest. 19 2. a. Resisting arrest is an aggravated misdemeanor. 20 b. If a person commits resisting arrest and in doing so 21 causes bodily injury to a peace officer, the person commits a 22 class “D” felony. 23 c. If a person commits resisting arrest and in doing so 24 inflicts or attempts to inflict serious injury to a peace 25 officer, the person commits a class “C” felony. 26 Sec. 2. Section 804.12, Code 2024, is amended to read as 27 follows: 28 804.12 Use of force in resisting arrest. 29 A person is not authorized to use force to resist an arrest, 30 either of the person’s self, or another which that the person 31 knows is being made either by a peace officer or by a private 32 person summoned and directed by a peace officer to make the 33 arrest, even if the person believes that the arrest is unlawful 34 or the arrest is in fact unlawful. A person violating this 35 -1- LSB 5880YH (3) 90 as/js 1/ 3

H.F. 2217 section is subject to the penalties established in section 1 719.1B. 2 EXPLANATION 3 The inclusion of this explanation does not constitute agreement with 4 the explanation’s substance by the members of the general assembly. 5 This bill establishes the offense of resisting arrest. 6 The bill provides that a person commits the offense of 7 resisting arrest when the person intentionally takes action to 8 prevent or attempt to prevent a peace officer from affecting a 9 lawful arrest of the person, or another person, by doing any of 10 the following: using or threatening the use of physical force 11 or violence; committing criminal mischief as defined in Code 12 section 716.1; using any means that create a risk of physical 13 injury to the peace officer or another person; employing any 14 actions requiring substantial force to overcome the resistance; 15 fleeing from a peace officer attempting to arrest the person; 16 disarming or attempting to disarm the peace officer; using a 17 vehicle or weapon to prevent or attempt to prevent a lawful 18 arrest; or engaging in any other behavior or conduct intended 19 to prevent a peace officer from affecting a lawful arrest. 20 The bill provides that resisting arrest is an aggravated 21 misdemeanor. If a person commits resisting arrest and in doing 22 so causes bodily injury to a peace officer, the person commits 23 a class “D” felony. If a person commits resisting arrest and 24 in doing so inflicts or attempts to inflict serious injury to 25 a peace officer, the person commits a class “C” felony. An 26 aggravated misdemeanor is punishable by confinement for no more 27 than two years and a fine of at least $855 but not more than 28 $8,540. A class “D” felony is punishable by confinement for no 29 more than five years and a fine of at least $1,025 but not more 30 than $10,245. A class “C” felony is punishable by confinement 31 for no more than 10 years and a fine of at least $1,370 but not 32 more than $13,660. 33 The bill amends Code section 804.12 (use of force in 34 resisting arrest) to provide that a person using force to 35 -2- LSB 5880YH (3) 90 as/js 2/ 3

H.F. 2217 resist arrest is subject to the penalties established in the 1 bill. 2 -3- LSB 5880YH (3) 90 as/js 3/ 3