HF 2217 (LSB 5880YH (3) 90)

HOUSE FILE 2217

BY  BRADLEY

A BILL FOR

An Act establishing the public offense of resisting arrest, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  719.1B  Resisting arrest.
   1.  A person commits the offense of resisting arrest when the person intentionally takes action to prevent or attempt to prevent a peace officer from affecting a lawful arrest of the person, or another person, by doing any of the following:
   a.  Using or threatening the use of physical force or violence.
   b.  Committing criminal mischief as defined in section 716.1.
   c.  Using any means that create a risk of physical injury to the peace officer or another person.
   d.  Employing any actions requiring substantial force to overcome the resistance.
   e.  Fleeing from a peace officer attempting to arrest the person.
   f.  Disarming or attempting to disarm the peace officer.
   g.  Using a vehicle or weapon to prevent or attempt to prevent a lawful arrest.
   h.  Engaging in any other behavior or conduct intended to prevent a peace officer from affecting a lawful arrest.
   2.  a.  Resisting arrest is an aggravated misdemeanor.
   b.  If a person commits resisting arrest and in doing so causes bodily injury to a peace officer, the person commits a class “D” felony.
   c.  If a person commits resisting arrest and in doing so inflicts or attempts to inflict serious injury to a peace officer, the person commits a class “C” felony.
    Sec. 2.  Section 804.12, Code 2024, is amended to read as follows:
   804.12  Use of force in resisting arrest.
   A person is not authorized to use force to resist an arrest, either of the person’s self, or another which that the person knows is being made either by a peace officer or by a private person summoned and directed by a peace officer to make the arrest, even if the person believes that the arrest is unlawful or the arrest is in fact unlawful.  A person violating this section is subject to the penalties established in section 719.1B.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill establishes the offense of resisting arrest.
   The bill provides that a person commits the offense of resisting arrest when the person intentionally takes action to prevent or attempt to prevent a peace officer from affecting a lawful arrest of the person, or another person, by doing any of the following: using or threatening the use of physical force or violence; committing criminal mischief as defined in Code section 716.1; using any means that create a risk of physical injury to the peace officer or another person; employing any actions requiring substantial force to overcome the resistance; fleeing from a peace officer attempting to arrest the person; disarming or attempting to disarm the peace officer; using a vehicle or weapon to prevent or attempt to prevent a lawful arrest; or engaging in any other behavior or conduct intended to prevent a peace officer from affecting a lawful arrest.
   The bill provides that resisting arrest is an aggravated misdemeanor. If a person commits resisting arrest and in doing so causes bodily injury to a peace officer, the person commits a class “D” felony. If a person commits resisting arrest and in doing so inflicts or attempts to inflict serious injury to a peace officer, the person commits a class “C” felony. 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. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245. A class “C” felony is punishable by confinement for no more than 10 years and a fine of at least $1,370 but not more than $13,660.
   The bill amends Code section 804.12 (use of force in resisting arrest) to provide that a person using force to resist arrest is subject to the penalties established in the bill.