Senate File 384 - Introduced SENATE FILE 384 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SF 151) 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 TLSB 1927SV (3) 85 jm/nh

S.F. 384 Section 1. NEW SECTION . 708.12 Removal of an officer’s 1 communication or control device. 2 1. As used in this section, “officer” means peace officer as 3 defined in section 724.2A or a correctional officer. 4 2. A person who knowingly or intentionally removes or 5 attempts to remove a communication device or any device used 6 for control from the possession of an officer, when the officer 7 is in the performance of any act which is within the scope of 8 the lawful duty or authority of that officer and the person 9 knew or should have known the individual to be an officer, 10 commits the offense of removal of an officer’s communication 11 or control device. 12 3. a. A person who removes or attempts to remove an 13 officer’s communication or control device is guilty of a simple 14 misdemeanor. 15 b. A person who knowingly or intentionally removes or 16 attempts to remove a communication or control device from the 17 possession of an officer with the intent to interfere with the 18 communications or duties of the officer, is guilty of a serious 19 misdemeanor. 20 c. If a violation of paragraph “b” results in bodily 21 injury to the officer the person is guilty of an aggravated 22 misdemeanor. 23 d. If a violation of paragraph “b” results in serious injury 24 to the officer the person is guilty of a class “D” felony. 25 Sec. 2. Section 719.1, subsections 1 and 2, Code 2013, are 26 amended to read as follows: 27 1. A person who knowingly resists or obstructs anyone known 28 by the person to be a peace officer, emergency medical care 29 provider under chapter 147A , or fire fighter, whether paid 30 or volunteer, in the performance of any act which is within 31 the scope of the lawful duty or authority of that officer, 32 emergency medical care provider under chapter 147A , or fire 33 fighter, whether paid or volunteer, or who knowingly resists or 34 obstructs the service or execution by any authorized person of 35 -1- LSB 1927SV (3) 85 jm/nh 1/ 4

S.F. 384 any civil or criminal process or order of any court, commits a 1 simple misdemeanor. In addition to any other penalties, the 2 punishment imposed for a violation of this subsection shall 3 include assessment of a fine of not less than two hundred fifty 4 dollars. However, if a person commits an interference with 5 official acts, as defined in this subsection , and in so doing 6 inflicts which results in bodily injury other than serious 7 injury , that person commits an aggravated misdemeanor. If a 8 person commits an interference with official acts, as defined 9 in this subsection , and in so doing inflicts or attempts 10 to inflict which results in serious injury, or displays a 11 dangerous weapon, as defined in section 702.7 , or is armed with 12 a firearm, that person commits a class “D” felony. 13 2. A person under the custody, control, or supervision of 14 the department of corrections who knowingly resists, obstructs, 15 or interferes with a correctional officer, agent, employee, or 16 contractor, whether paid or volunteer, in the performance of 17 the person’s official duties, commits a serious misdemeanor. 18 If a person violates this subsection and in so doing commits 19 an assault, as defined in section 708.1 , the person commits an 20 aggravated misdemeanor. If a person violates this subsection 21 and in so doing inflicts or attempts to inflict the violation 22 results in bodily injury other than serious injury to another, 23 displays a dangerous weapon, as defined in section 702.7 , or is 24 armed with a firearm, the person commits a class “D” felony. 25 If a person violates this subsection and uses or attempts 26 to use a dangerous weapon, as defined in section 702.7 , or 27 inflicts the violation results in serious injury to another, 28 the person commits a class “C” felony. 29 EXPLANATION 30 This bill relates to removing or attempting to remove a 31 communication or control device from the possession of an 32 officer and interference with official acts. 33 Under the bill, a person commits removal of an officer’s 34 communication or control device when the person knowingly or 35 -2- LSB 1927SV (3) 85 jm/nh 2/ 4

S.F. 384 intentionally removes or attempts to remove a communication 1 device or any device used for control from the possession of an 2 officer, when the officer is in the performance of the official 3 duties of the officer and the person knew or should have known 4 the individual to be an officer. The bill defines “officer” 5 as a peace officer as defined in Code section 724.2A or a 6 correctional officer. 7 Under the bill, a person who removes or attempts to remove 8 an officer’s communication or control device commits a simple 9 misdemeanor. If a person knowingly or intentionally removes 10 or attempts to remove a communication or control device from 11 the possession of an officer with the intent to interfere with 12 the communications or duties of the officer, the person is 13 guilty of a serious misdemeanor. If bodily injury results from 14 such removal or attempted removal, the person is guilty of an 15 aggravated misdemeanor, and if serious injury results from such 16 removal or attempted removal the person is guilty of a class 17 “D” felony. 18 A felony violation involving removal of an officer’s 19 communication or control device may meet the definition of a 20 forcible felony under Code section 702.11. A person convicted 21 of a forcible felony is not eligible to receive a suspended 22 sentence or deferred judgment pursuant to Code section 907.3. 23 The bill also provides that a person commits the offense of 24 interference with official acts if the violation results in 25 bodily or serious injury to a peace officer, emergency medical 26 care provider, correctional officer, or other member of a 27 protected class under Code section 719.1. 28 Current law provides that a person commits the offense 29 of interference with official acts if the person inflicts or 30 attempts to inflict bodily or serious injury. 31 Under the bill, if a person commits interference with 32 official acts that results in bodily injury to a member 33 of a protected class, the person commits an aggravated 34 misdemeanor if the injury is to a peace officer or emergency 35 -3- LSB 1927SV (3) 85 jm/nh 3/ 4

S.F. 384 medical officer, or a class “D” felony if the injury is to a 1 correctional officer. 2 If a person commits interference with official acts that 3 results in serious injury, the person commits a class “D” 4 felony if the injury is to a peace officer or emergency 5 medical officer, or a class “C” felony if the injury is to a 6 correctional officer. 7 A simple misdemeanor is punishable by confinement for no 8 more than 30 days or a fine of at least $65 but not more than 9 $625 or by both. A serious misdemeanor is punishable by 10 confinement for no more than one year and a fine of at least 11 $315 but not more than $1,875. An aggravated misdemeanor is 12 punishable by confinement for no more than two years and a fine 13 of at least $625 but not more than $6,250. A class “D” felony 14 is punishable by confinement for no more than five years and a 15 fine of at least $750 but not more than $7,500. 16 -4- LSB 1927SV (3) 85 jm/nh 4/ 4