Senate File 384 - Reprinted SENATE FILE 384 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SF 151) (As Amended and Passed by the Senate April 1, 2013 ) A BILL FOR An Act relating to removing or attempting to remove a 1 communication or control device from the possession of a 2 peace officer or correctional officer, interference with 3 official acts, and providing penalties. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 SF 384 (4) 85 jm/nh/jh

S.F. 384 Section 1. Section 702.11, subsection 2, Code 2013, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . h. Removal of an officer’s communication or 3 control device in violation of section 708.12, subsection 3, 4 paragraph “f” . 5 Sec. 2. NEW SECTION . 708.12 Removal of an officer’s 6 communication or control device. 7 1. As used in this section, “officer” means peace officer as 8 defined in section 724.2A or a correctional officer. 9 2. A person who knowingly or intentionally removes or 10 attempts to remove a communication device or any device used 11 for control from the possession of an officer, when the officer 12 is in the performance of any act which is within the scope of 13 the lawful duty or authority of that officer and the person 14 knew or should have known the individual to be an officer, 15 commits the offense of removal of an officer’s communication 16 or control device. 17 3. a. A person who removes or attempts to remove an 18 officer’s communication or control device is guilty of a simple 19 misdemeanor. 20 b. A person who knowingly or intentionally removes or 21 attempts to remove a communication or control device from the 22 possession of an officer with the intent to interfere with the 23 communications or duties of the officer, is guilty of a serious 24 misdemeanor. 25 c. If a violation of paragraph “a” results in bodily injury 26 to the officer the person is guilty of a serious misdemeanor. 27 d. If a violation of paragraph “a” results in serious 28 injury to the officer the person is guilty of an aggravated 29 misdemeanor. 30 e. If a violation of paragraph “a” occurs and the person 31 knowingly or intentionally causes bodily injury to the officer 32 the person is guilty of an aggravated misdemeanor. 33 f. If a violation of paragraph “a” occurs and the person 34 knowingly or intentionally causes serious injury to the officer 35 -1- SF 384 (4) 85 jm/nh/jh 1/ 3

S.F. 384 the person is guilty of a class “D” felony. 1 Sec. 3. Section 719.1, subsections 1 and 2, Code 2013, are 2 amended to read as follows: 3 1. a. A person who knowingly resists or obstructs anyone 4 known by the person to be a peace officer, emergency medical 5 care provider under chapter 147A , or fire fighter, whether paid 6 or volunteer, in the performance of any act which is within 7 the scope of the lawful duty or authority of that officer, 8 emergency medical care provider under chapter 147A , or fire 9 fighter, whether paid or volunteer, or who knowingly resists or 10 obstructs the service or execution by any authorized person of 11 any civil or criminal process or order of any court, commits a 12 simple misdemeanor. In addition to any other penalties, the 13 punishment imposed for a violation of this subsection shall 14 include assessment of a fine of not less than two hundred fifty 15 dollars. However, if 16 b. If a person commits interference with official acts, as 17 defined in this subsection, which results in bodily injury, the 18 person commits a serious misdemeanor. 19 c. If a person commits interference with official acts, as 20 defined in this subsection, which results in serious injury, 21 the person commits an aggravated misdemeanor. 22 d. If a person commits an interference with official acts, 23 as defined in this subsection , and in so doing inflicts bodily 24 injury other than serious injury, that person commits an 25 aggravated misdemeanor. 26 e. If a person commits an interference with official acts, 27 as defined in this subsection , and in so doing inflicts or 28 attempts to inflict serious injury, or displays a dangerous 29 weapon, as defined in section 702.7 , or is armed with a 30 firearm, that person commits a class “D” felony. 31 2. a. A person under the custody, control, or supervision 32 of the department of corrections who knowingly resists, 33 obstructs, or interferes with a correctional officer, agent, 34 employee, or contractor, whether paid or volunteer, in the 35 -2- SF 384 (4) 85 jm/nh/jh 2/ 3

S.F. 384 performance of the person’s official duties, commits a serious 1 misdemeanor. 2 b. If a person violates this subsection and in so doing 3 commits an assault, as defined in section 708.1 , the person 4 commits an aggravated misdemeanor. 5 c. If a person violates this subsection and the violation 6 results in bodily injury to another, the person commits an 7 aggravated misdemeanor. 8 d. If a person violates this subsection and the violation 9 results in serious injury to another, the person commits a 10 class “D” felony. 11 e. If a person violates this subsection and in so doing 12 inflicts or attempts to inflict bodily injury other than 13 serious injury to another, displays a dangerous weapon, as 14 defined in section 702.7 , or is armed with a firearm, the 15 person commits a class “D” felony. 16 f. If a person violates this subsection and uses or attempts 17 to use a dangerous weapon, as defined in section 702.7 , or 18 inflicts serious injury to another, the person commits a class 19 “C” felony. 20 -3- SF 384 (4) 85 jm/nh/jh 3/ 3