SF 2163 (LSB 5295SS (4) 91)

SENATE FILE 2163

BY  CAMPBELL

A BILL FOR

An Act relating to false accusations of criminal acts, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 718.6, subsections 2 and 3, Code 2026, are amended to read as follows:
   2.  a.  A person who reports or causes to be reported false information to a fire department, a law enforcement authority, or other public safety entity, knowing that the information is false, or who reports the alleged occurrence of a criminal act, knowing the act did not occur, commits a class “D” felony if the alleged criminal act reported is any of the following:
   a.  (1)  A forcible felony under section 702.11.
   b.  (2)  Intimidation with a dangerous weapon under section 708.6.
   c.  (3)  An act of terrorism under chapter 708A.
   d.  (4)  Unlawful possession of biological agents or diseases under chapter 708B.
   e.  (5)  Any offense under chapter 712.
   b.  Any person who continues to make allegations of an alleged occurrence of a criminal act after the allegations are proven to be false may be charged with malicious prosecution under section 720.6.
   3.  If the reported false information involves a criminal act under subsection 2, paragraph “a”, and the reported false information results in serious bodily injury to or the death of another person, the person reporting the false information commits a class “C” felony. For purposes of this subsection, a person causes serious bodily injury or death when the report of false information contributes to the other person’s serious bodily injury or death.
    Sec. 2.  Section 720.6, Code 2026, is amended to read as follows:
   720.6  Malicious prosecution.
   A person who causes or attempts to cause another to be indicted or prosecuted for any public offense, having no reasonable grounds for believing that the person committed the offense commits a serious an aggravated misdemeanor.
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 false accusations of criminal acts.
   Current law provides that a person who reports the alleged occurrence of a criminal act, knowing the act did not occur, commits a serious misdemeanor or a class “D” felony depending on the nature of the alleged offense.
   The bill provides that any person who continues to make allegations of an alleged occurrence of a criminal act after the allegations are proven to be false may be charged with malicious prosecution under Code section 720.6, which the bill changes from a serious misdemeanor to 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.