Bill Text: IA SF384 | 2013-2014 | 85th General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: A bill for an act relating to removing or attempting to remove a communication or control device from the possession of a peace officer or correctional officer, interference with official acts, and providing penalties. (Formerly SF 151.) Effective 7-1-13.

Sponsorship: Committee Bill

Status: (Passed) 2013-12-31 - END OF 2013 ACTIONS [SF384 Detail]

Download: Iowa-2013-SF384-Enrolled.html

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Senate File 384
AN ACT
RELATING TO REMOVING OR ATTEMPTING TO REMOVE A COMMUNICATION
OR CONTROL DEVICE FROM THE POSSESSION OF A PEACE OFFICER OR
CORRECTIONAL OFFICER, INTERFERENCE WITH OFFICIAL ACTS, AND
PROVIDING PENALTIES.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 702.11, subsection 2, Code 2013, is
amended by adding the following new paragraph:
NEW PARAGRAPH . h. Removal of an officer’s communication or
control device in violation of section 708.12, subsection 3,
paragraph “f” .
Sec. 2. NEW SECTION . 708.12 Removal of an officer’s
communication or control device.
1. As used in this section, “officer” means peace officer as
defined in section 724.2A or a correctional officer.
2. A person who knowingly or intentionally removes or
attempts to remove a communication device or any device used
for control from the possession of an officer, when the officer
is in the performance of any act which is within the scope of
the lawful duty or authority of that officer and the person
knew or should have known the individual to be an officer,
commits the offense of removal of an officer’s communication
or control device.
3. a. A person who removes or attempts to remove an
officer’s communication or control device is guilty of a simple
misdemeanor.
b. A person who knowingly or intentionally removes or
attempts to remove a communication or control device from the
possession of an officer with the intent to interfere with the
communications or duties of the officer, is guilty of a serious

Senate File 384, p. 2
misdemeanor.
c. If a violation of paragraph “a” results in bodily injury
to the officer the person is guilty of a serious misdemeanor.
d. If a violation of paragraph “a” results in serious
injury to the officer the person is guilty of an aggravated
misdemeanor.
e. If a violation of paragraph “a” occurs and the person
knowingly or intentionally causes bodily injury to the officer
the person is guilty of an aggravated misdemeanor.
f. If a violation of paragraph “a” occurs and the person
knowingly or intentionally causes serious injury to the officer
the person is guilty of a class “D” felony.
Sec. 3. Section 719.1, subsections 1 and 2, Code 2013, are
amended to read as follows:
1. a. A person who knowingly resists or obstructs anyone
known by the person to be a peace officer, emergency medical
care provider under chapter 147A , or fire fighter, whether paid
or volunteer, in the performance of any act which is within
the scope of the lawful duty or authority of that officer,
emergency medical care provider under chapter 147A , or fire
fighter, whether paid or volunteer, or who knowingly resists or
obstructs the service or execution by any authorized person of
any civil or criminal process or order of any court, commits a
simple misdemeanor. In addition to any other penalties, the
punishment imposed for a violation of this subsection shall
include assessment of a fine of not less than two hundred fifty
dollars. However, if
b. If a person commits interference with official acts, as
defined in this subsection, which results in bodily injury, the
person commits a serious misdemeanor.
c. If a person commits interference with official acts, as
defined in this subsection, which results in serious injury,
the person commits an aggravated misdemeanor.
d. If a person commits an interference with official acts,
as defined in this subsection , and in so doing inflicts bodily
injury other than serious injury, that person commits an
aggravated misdemeanor.
e. If a person commits an interference with official acts,
as defined in this subsection , and in so doing inflicts or
attempts to inflict serious injury, or displays a dangerous
weapon, as defined in section 702.7 , or is armed with a
firearm, that person commits a class “D” felony.
2. a. A person under the custody, control, or supervision

Senate File 384, p. 3
of the department of corrections who knowingly resists,
obstructs, or interferes with a correctional officer, agent,
employee, or contractor, whether paid or volunteer, in the
performance of the person’s official duties, commits a serious
misdemeanor.
b. If a person violates this subsection and in so doing
commits an assault, as defined in section 708.1 , the person
commits an aggravated misdemeanor.
c. If a person violates this subsection and the violation
results in bodily injury to another, the person commits an
aggravated misdemeanor.
d. If a person violates this subsection and the violation
results in serious injury to another, the person commits a
class “D” felony.
e. If a person violates this subsection and in so doing
inflicts or attempts to inflict bodily injury other than
serious injury to another, displays a dangerous weapon, as
defined in section 702.7 , or is armed with a firearm, the
person commits a class “D” felony.
f. If a person violates this subsection and uses or attempts
to use a dangerous weapon, as defined in section 702.7 , or
inflicts serious injury to another, the person commits a class
“C” felony.
______________________________
PAM JOCHUM
President of the Senate
______________________________
KRAIG PAULSEN
Speaker of the House
I hereby certify that this bill originated in the Senate and
is known as Senate File 384, Eighty-fifth General Assembly.
______________________________
MICHAEL E. MARSHALL
Secretary of the Senate
Approved _______________, 2013
______________________________
TERRY E. BRANSTAD
Governor