Bill Text: IA SSB1054 | 2021-2022 | 89th General Assembly | Introduced


Bill Title: A bill for an act relating to public safety including the crimes of failure to assist, abuse of a corpse, and interference with official acts, and providing penalties.(See SF 243.)

Spectrum: Committee Bill

Status: (Introduced) 2021-02-02 - Committee report approving bill, renumbered as SF 243. [SSB1054 Detail]

Download: Iowa-2021-SSB1054-Introduced.html
Senate Study Bill 1054 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON ZAUN) 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 TLSB 1031XC (1) 89 as/rh
S.F. _____ 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- LSB 1031XC (1) 89 as/rh 1/ 3
S.F. _____ 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 4. For purposes of this section, “serious bodily injury” 5 means the same as defined in section 455B.146A. 6 EXPLANATION 7 The inclusion of this explanation does not constitute agreement with 8 the explanation’s substance by the members of the general assembly. 9 This bill relates to public safety including the crimes of 10 failure to assist, abuse of a corpse, and interference with 11 official acts, and provides penalties. 12 The bill provides that a person commits the crime of abuse of 13 a corpse when the person fails to disclose the known location 14 of a corpse with the intent to conceal a crime. Under current 15 law, abuse of a corpse is a class “D” felony punishable by 16 confinement for no more than five years and a fine of at least 17 $1,025 but not more than $10,245. 18 The bill includes a medical examiner in the current law 19 relating to the crime of interference with official acts. The 20 bill provides that a person commits interference with official 21 acts when the person knowingly resists or obstructs anyone 22 known by the person to be a peace officer, jailer, emergency 23 medical care provider, medical examiner, or fire fighter, or a 24 person performing bailiff duties, in the performance of any act 25 which is within the scope of the lawful duty or authority, or 26 who knowingly resists or obstructs the service or execution by 27 any authorized person of any civil or criminal process or order 28 of any court. Interference with official acts is a simple 29 misdemeanor and shall include the assessment of a fine of not 30 less than $250. 31 The bill creates the crime of failure to assist. The 32 bill provides that a person who witnesses another person 33 suffering from imminent danger of death or risk of serious 34 bodily injury, who, unreasonably and without lawful cause, 35 -2- LSB 1031XC (1) 89 as/rh 2/ 3
S.F. _____ fails to immediately contact local emergency response 1 authorities or local law enforcement, or both, as required 2 by the circumstances, commits an aggravated misdemeanor. An 3 aggravated misdemeanor is punishable by confinement for no more 4 than two years and a fine of at least $855 but not more than 5 $8,540. 6 The bill provides that a promptly placed 911 call discharges 7 the requirement to assist. It is a defense to prosecution for 8 failure to assist if the person actually believed that the 9 other person was not suffering from imminent danger of death or 10 risk of serious bodily injury, or that the person attempted to 11 contact the local emergency response authorities or local law 12 enforcement, or both, and was unable to contact either or both 13 due to circumstances beyond the person’s control. 14 The bill defines “serious bodily injury” as bodily injury 15 which involves a substantial risk of death, unconsciousness, 16 extreme physical pain, protracted and obvious disfigurement, 17 or protracted loss or impairment of the function of a bodily 18 member, organ, or mental faculty. 19 -3- LSB 1031XC (1) 89 as/rh 3/ 3
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