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Senate Study Bill 1054 - IntroducedA Bill ForAn Act 1relating to public safety including the crimes of
2failure to assist, abuse of a corpse, and interference with
3official acts, and providing penalties.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 708.14, subsection 1, Code 2021, is
2amended by adding the following new paragraph:
3 NEW PARAGRAPH. c. Fails to disclose the known location of a
4corpse with the intent to conceal a crime.
5 Sec. 2. Section 719.1, subsection 1, paragraph a, Code 2021,
6is amended to read as follows:
7a. A person commits interference with official acts when
8the person knowingly resists or obstructs anyone known by
9the person to be a peace officer, jailer, emergency medical
10care provider under chapter 147A, medical examiner, or fire
11fighter, whether paid or volunteer, or a person performing
12bailiff duties pursuant to section 602.1303, subsection 3, in
13the performance of any act which is within the scope of the
14lawful duty or authority of that officer, jailer, emergency
15medical care provider under chapter 147A, medical examiner, or
16fire fighter, whether paid or volunteer, or a person performing
17bailiff duties pursuant to section 602.1303, subsection 3, or
18who knowingly resists or obstructs the service or execution by
19any authorized person of any civil or criminal process or order
20of any court.
21 Sec. 3. NEW SECTION. 727.12 Failure to assist.
221. A person who witnesses another person suffering from
23imminent danger of death or risk of serious bodily injury, who,
24unreasonably and without lawful cause, fails to immediately
25contact local emergency response authorities or local law
26enforcement, or both, as required by the circumstances, commits
27an aggravated misdemeanor.
282. For the purposes of fulfilling the requirement imposed by
29subsection 1, a promptly placed 911 call shall discharge the
30requirement to assist.
313. a. It shall be a defense to a prosecution brought under
32subsection 1 that the person actually believed that the other
33person was not suffering from imminent danger of death or risk
34of serious bodily injury.
35b. It shall be a defense to a prosecution brought under
-1-1subsection 1 that the person attempted to contact the local
2emergency response authorities or local law enforcement,
3or both, and was unable to contact either or both due to
4circumstances beyond the person’s control.
54. For purposes of this section, “serious bodily injury”
6means the same as defined in section 455B.146A.
7EXPLANATION
8The inclusion of this explanation does not constitute agreement with
9the explanation’s substance by the members of the general assembly.
10This bill relates to public safety including the crimes of
11failure to assist, abuse of a corpse, and interference with
12official acts, and provides penalties.
13The bill provides that a person commits the crime of abuse of
14a corpse when the person fails to disclose the known location
15of a corpse with the intent to conceal a crime. Under current
16law, abuse of a corpse is a class “D” felony punishable by
17confinement for no more than five years and a fine of at least
18$1,025 but not more than $10,245.
19The bill includes a medical examiner in the current law
20relating to the crime of interference with official acts. The
21bill provides that a person commits interference with official
22acts when the person knowingly resists or obstructs anyone
23known by the person to be a peace officer, jailer, emergency
24medical care provider, medical examiner, or fire fighter, or a
25person performing bailiff duties, in the performance of any act
26which is within the scope of the lawful duty or authority, or
27who knowingly resists or obstructs the service or execution by
28any authorized person of any civil or criminal process or order
29of any court. Interference with official acts is a simple
30misdemeanor and shall include the assessment of a fine of not
31less than $250.
32The bill creates the crime of failure to assist. The
33bill provides that a person who witnesses another person
34suffering from imminent danger of death or risk of serious
35bodily injury, who, unreasonably and without lawful cause,
-2-1fails to immediately contact local emergency response
2authorities or local law enforcement, or both, as required
3by the circumstances, commits an aggravated misdemeanor. An
4aggravated misdemeanor is punishable by confinement for no more
5than two years and a fine of at least $855 but not more than
6$8,540.
7The bill provides that a promptly placed 911 call discharges
8the requirement to assist. It is a defense to prosecution for
9failure to assist if the person actually believed that the
10other person was not suffering from imminent danger of death or
11risk of serious bodily injury, or that the person attempted to
12contact the local emergency response authorities or local law
13enforcement, or both, and was unable to contact either or both
14due to circumstances beyond the person’s control.
15The bill defines “serious bodily injury” as bodily injury
16which involves a substantial risk of death, unconsciousness,
17extreme physical pain, protracted and obvious disfigurement,
18or protracted loss or impairment of the function of a bodily
19member, organ, or mental faculty.
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2failure to assist, abuse of a corpse, and interference with
3official acts, and providing penalties.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 708.14, subsection 1, Code 2021, is
2amended by adding the following new paragraph:
3 NEW PARAGRAPH. c. Fails to disclose the known location of a
4corpse with the intent to conceal a crime.
5 Sec. 2. Section 719.1, subsection 1, paragraph a, Code 2021,
6is amended to read as follows:
7a. A person commits interference with official acts when
8the person knowingly resists or obstructs anyone known by
9the person to be a peace officer, jailer, emergency medical
10care provider under chapter 147A, medical examiner, or fire
11fighter, whether paid or volunteer, or a person performing
12bailiff duties pursuant to section 602.1303, subsection 3, in
13the performance of any act which is within the scope of the
14lawful duty or authority of that officer, jailer, emergency
15medical care provider under chapter 147A, medical examiner, or
16fire fighter, whether paid or volunteer, or a person performing
17bailiff duties pursuant to section 602.1303, subsection 3, or
18who knowingly resists or obstructs the service or execution by
19any authorized person of any civil or criminal process or order
20of any court.
21 Sec. 3. NEW SECTION. 727.12 Failure to assist.
221. A person who witnesses another person suffering from
23imminent danger of death or risk of serious bodily injury, who,
24unreasonably and without lawful cause, fails to immediately
25contact local emergency response authorities or local law
26enforcement, or both, as required by the circumstances, commits
27an aggravated misdemeanor.
282. For the purposes of fulfilling the requirement imposed by
29subsection 1, a promptly placed 911 call shall discharge the
30requirement to assist.
313. a. It shall be a defense to a prosecution brought under
32subsection 1 that the person actually believed that the other
33person was not suffering from imminent danger of death or risk
34of serious bodily injury.
35b. It shall be a defense to a prosecution brought under
-1-1subsection 1 that the person attempted to contact the local
2emergency response authorities or local law enforcement,
3or both, and was unable to contact either or both due to
4circumstances beyond the person’s control.
54. For purposes of this section, “serious bodily injury”
6means the same as defined in section 455B.146A.
7EXPLANATION
8The inclusion of this explanation does not constitute agreement with
9the explanation’s substance by the members of the general assembly.
10This bill relates to public safety including the crimes of
11failure to assist, abuse of a corpse, and interference with
12official acts, and provides penalties.
13The bill provides that a person commits the crime of abuse of
14a corpse when the person fails to disclose the known location
15of a corpse with the intent to conceal a crime. Under current
16law, abuse of a corpse is a class “D” felony punishable by
17confinement for no more than five years and a fine of at least
18$1,025 but not more than $10,245.
19The bill includes a medical examiner in the current law
20relating to the crime of interference with official acts. The
21bill provides that a person commits interference with official
22acts when the person knowingly resists or obstructs anyone
23known by the person to be a peace officer, jailer, emergency
24medical care provider, medical examiner, or fire fighter, or a
25person performing bailiff duties, in the performance of any act
26which is within the scope of the lawful duty or authority, or
27who knowingly resists or obstructs the service or execution by
28any authorized person of any civil or criminal process or order
29of any court. Interference with official acts is a simple
30misdemeanor and shall include the assessment of a fine of not
31less than $250.
32The bill creates the crime of failure to assist. The
33bill provides that a person who witnesses another person
34suffering from imminent danger of death or risk of serious
35bodily injury, who, unreasonably and without lawful cause,
-2-1fails to immediately contact local emergency response
2authorities or local law enforcement, or both, as required
3by the circumstances, commits an aggravated misdemeanor. An
4aggravated misdemeanor is punishable by confinement for no more
5than two years and a fine of at least $855 but not more than
6$8,540.
7The bill provides that a promptly placed 911 call discharges
8the requirement to assist. It is a defense to prosecution for
9failure to assist if the person actually believed that the
10other person was not suffering from imminent danger of death or
11risk of serious bodily injury, or that the person attempted to
12contact the local emergency response authorities or local law
13enforcement, or both, and was unable to contact either or both
14due to circumstances beyond the person’s control.
15The bill defines “serious bodily injury” as bodily injury
16which involves a substantial risk of death, unconsciousness,
17extreme physical pain, protracted and obvious disfigurement,
18or protracted loss or impairment of the function of a bodily
19member, organ, or mental faculty.
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