Senate
File
2163
-
Introduced
SENATE
FILE
2163
BY
CAMPBELL
A
BILL
FOR
An
Act
relating
to
false
accusations
of
criminal
acts,
and
1
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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S.F.
2163
Section
1.
Section
718.6,
subsections
2
and
3,
Code
2026,
1
are
amended
to
read
as
follows:
2
2.
a.
A
person
who
reports
or
causes
to
be
reported
false
3
information
to
a
fire
department,
a
law
enforcement
authority,
4
or
other
public
safety
entity,
knowing
that
the
information
is
5
false,
or
who
reports
the
alleged
occurrence
of
a
criminal
act,
6
knowing
the
act
did
not
occur,
commits
a
class
“D”
felony
if
7
the
alleged
criminal
act
reported
is
any
of
the
following:
8
a.
(1)
A
forcible
felony
under
section
702.11
.
9
b.
(2)
Intimidation
with
a
dangerous
weapon
under
section
10
708.6
.
11
c.
(3)
An
act
of
terrorism
under
chapter
708A
.
12
d.
(4)
Unlawful
possession
of
biological
agents
or
diseases
13
under
chapter
708B
.
14
e.
(5)
Any
offense
under
chapter
712
.
15
b.
Any
person
who
continues
to
make
allegations
of
an
16
alleged
occurrence
of
a
criminal
act
after
the
allegations
are
17
proven
to
be
false
may
be
charged
with
malicious
prosecution
18
under
section
720.6.
19
3.
If
the
reported
false
information
involves
a
criminal
20
act
under
subsection
2
,
paragraph
“a”
,
and
the
reported
false
21
information
results
in
serious
bodily
injury
to
or
the
death
22
of
another
person,
the
person
reporting
the
false
information
23
commits
a
class
“C”
felony.
For
purposes
of
this
subsection
,
a
24
person
causes
serious
bodily
injury
or
death
when
the
report
25
of
false
information
contributes
to
the
other
person’s
serious
26
bodily
injury
or
death.
27
Sec.
2.
Section
720.6,
Code
2026,
is
amended
to
read
as
28
follows:
29
720.6
Malicious
prosecution.
30
A
person
who
causes
or
attempts
to
cause
another
to
be
31
indicted
or
prosecuted
for
any
public
offense,
having
no
32
reasonable
grounds
for
believing
that
the
person
committed
the
33
offense
commits
a
serious
an
aggravated
misdemeanor.
34
EXPLANATION
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S.F.
2163
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
1
the
explanation’s
substance
by
the
members
of
the
general
assembly.
2
This
bill
relates
to
false
accusations
of
criminal
acts.
3
Current
law
provides
that
a
person
who
reports
the
alleged
4
occurrence
of
a
criminal
act,
knowing
the
act
did
not
occur,
5
commits
a
serious
misdemeanor
or
a
class
“D”
felony
depending
6
on
the
nature
of
the
alleged
offense.
7
The
bill
provides
that
any
person
who
continues
to
make
8
allegations
of
an
alleged
occurrence
of
a
criminal
act
after
9
the
allegations
are
proven
to
be
false
may
be
charged
with
10
malicious
prosecution
under
Code
section
720.6,
which
the
11
bill
changes
from
a
serious
misdemeanor
to
an
aggravated
12
misdemeanor.
An
aggravated
misdemeanor
is
punishable
by
13
confinement
for
no
more
than
two
years
and
a
fine
of
at
least
14
$855
but
not
more
than
$8,540.
15
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