Senate File 243 - Reprinted SENATE FILE 243 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 1054) (As Amended and Passed by the Senate March 17, 2021 ) A BILL FOR An Act relating to public safety including the crimes of 1 failure to assist, abuse of a corpse, and interference with 2 official acts, and providing penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 SF 243 (2) 89 as/rh/mb
S.F. 243 Section 1. Section 708.14, subsection 1, Code 2021, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . c. Fails to disclose the known location of a 3 corpse with the intent to conceal a crime. 4 Sec. 2. Section 719.1, subsection 1, paragraph a, Code 2021, 5 is amended to read as follows: 6 a. A person commits interference with official acts when 7 the person knowingly resists or obstructs anyone known by 8 the person to be a peace officer, jailer, emergency medical 9 care provider under chapter 147A , medical examiner, or fire 10 fighter, whether paid or volunteer, or a person performing 11 bailiff duties pursuant to section 602.1303, subsection 3 , in 12 the performance of any act which is within the scope of the 13 lawful duty or authority of that officer, jailer, emergency 14 medical care provider under chapter 147A , medical examiner, or 15 fire fighter, whether paid or volunteer, or a person performing 16 bailiff duties pursuant to section 602.1303, subsection 3 , or 17 who knowingly resists or obstructs the service or execution by 18 any authorized person of any civil or criminal process or order 19 of any court. 20 Sec. 3. NEW SECTION . 727.12 Failure to assist. 21 1. A person who witnesses another person suffering from 22 imminent danger of death or risk of serious bodily injury, who, 23 unreasonably and without lawful cause, fails to immediately 24 contact local emergency response authorities or local law 25 enforcement, or both, as required by the circumstances, commits 26 an aggravated misdemeanor. 27 2. For the purposes of fulfilling the requirement imposed by 28 subsection 1, a promptly placed 911 call shall discharge the 29 requirement to assist. 30 3. a. It shall be a defense to a prosecution brought under 31 subsection 1 that the person actually believed that the other 32 person was not suffering from imminent danger of death or risk 33 of serious bodily injury. 34 b. It shall be a defense to a prosecution brought under 35 -1- SF 243 (2) 89 as/rh/mb 1/ 2
S.F. 243 subsection 1 that the person attempted to contact the local 1 emergency response authorities or local law enforcement, 2 or both, and was unable to contact either or both due to 3 circumstances beyond the person’s control. 4 c. It shall be a defense to a prosecution brought under 5 subsection 1 that the person had a reasonable belief that 6 providing assistance or making contact as required by 7 subsection 1 would place the person at risk of serious bodily 8 injury or death. 9 4. For purposes of this section, “serious bodily injury” 10 means the same as defined in section 455B.146A. 11 -2- SF 243 (2) 89 as/rh/mb 2/ 2