Bill Text: IA HF2217 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act establishing the public offense of resisting arrest, and providing penalties.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2024-01-30 - Introduced, referred to Public Safety. H.J. 156. [HF2217 Detail]
Download: Iowa-2023-HF2217-Introduced.html
House
File
2217
-
Introduced
HOUSE
FILE
2217
BY
BRADLEY
A
BILL
FOR
An
Act
establishing
the
public
offense
of
resisting
arrest,
and
1
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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2217
Section
1.
NEW
SECTION
.
719.1B
Resisting
arrest.
1
1.
A
person
commits
the
offense
of
resisting
arrest
when
2
the
person
intentionally
takes
action
to
prevent
or
attempt
to
3
prevent
a
peace
officer
from
affecting
a
lawful
arrest
of
the
4
person,
or
another
person,
by
doing
any
of
the
following:
5
a.
Using
or
threatening
the
use
of
physical
force
or
6
violence.
7
b.
Committing
criminal
mischief
as
defined
in
section
716.1.
8
c.
Using
any
means
that
create
a
risk
of
physical
injury
to
9
the
peace
officer
or
another
person.
10
d.
Employing
any
actions
requiring
substantial
force
to
11
overcome
the
resistance.
12
e.
Fleeing
from
a
peace
officer
attempting
to
arrest
the
13
person.
14
f.
Disarming
or
attempting
to
disarm
the
peace
officer.
15
g.
Using
a
vehicle
or
weapon
to
prevent
or
attempt
to
16
prevent
a
lawful
arrest.
17
h.
Engaging
in
any
other
behavior
or
conduct
intended
to
18
prevent
a
peace
officer
from
affecting
a
lawful
arrest.
19
2.
a.
Resisting
arrest
is
an
aggravated
misdemeanor.
20
b.
If
a
person
commits
resisting
arrest
and
in
doing
so
21
causes
bodily
injury
to
a
peace
officer,
the
person
commits
a
22
class
“D”
felony.
23
c.
If
a
person
commits
resisting
arrest
and
in
doing
so
24
inflicts
or
attempts
to
inflict
serious
injury
to
a
peace
25
officer,
the
person
commits
a
class
“C”
felony.
26
Sec.
2.
Section
804.12,
Code
2024,
is
amended
to
read
as
27
follows:
28
804.12
Use
of
force
in
resisting
arrest.
29
A
person
is
not
authorized
to
use
force
to
resist
an
arrest,
30
either
of
the
person’s
self,
or
another
which
that
the
person
31
knows
is
being
made
either
by
a
peace
officer
or
by
a
private
32
person
summoned
and
directed
by
a
peace
officer
to
make
the
33
arrest,
even
if
the
person
believes
that
the
arrest
is
unlawful
34
or
the
arrest
is
in
fact
unlawful.
A
person
violating
this
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section
is
subject
to
the
penalties
established
in
section
1
719.1B.
2
EXPLANATION
3
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
4
the
explanation’s
substance
by
the
members
of
the
general
assembly.
5
This
bill
establishes
the
offense
of
resisting
arrest.
6
The
bill
provides
that
a
person
commits
the
offense
of
7
resisting
arrest
when
the
person
intentionally
takes
action
to
8
prevent
or
attempt
to
prevent
a
peace
officer
from
affecting
a
9
lawful
arrest
of
the
person,
or
another
person,
by
doing
any
of
10
the
following:
using
or
threatening
the
use
of
physical
force
11
or
violence;
committing
criminal
mischief
as
defined
in
Code
12
section
716.1;
using
any
means
that
create
a
risk
of
physical
13
injury
to
the
peace
officer
or
another
person;
employing
any
14
actions
requiring
substantial
force
to
overcome
the
resistance;
15
fleeing
from
a
peace
officer
attempting
to
arrest
the
person;
16
disarming
or
attempting
to
disarm
the
peace
officer;
using
a
17
vehicle
or
weapon
to
prevent
or
attempt
to
prevent
a
lawful
18
arrest;
or
engaging
in
any
other
behavior
or
conduct
intended
19
to
prevent
a
peace
officer
from
affecting
a
lawful
arrest.
20
The
bill
provides
that
resisting
arrest
is
an
aggravated
21
misdemeanor.
If
a
person
commits
resisting
arrest
and
in
doing
22
so
causes
bodily
injury
to
a
peace
officer,
the
person
commits
23
a
class
“D”
felony.
If
a
person
commits
resisting
arrest
and
24
in
doing
so
inflicts
or
attempts
to
inflict
serious
injury
to
25
a
peace
officer,
the
person
commits
a
class
“C”
felony.
An
26
aggravated
misdemeanor
is
punishable
by
confinement
for
no
more
27
than
two
years
and
a
fine
of
at
least
$855
but
not
more
than
28
$8,540.
A
class
“D”
felony
is
punishable
by
confinement
for
no
29
more
than
five
years
and
a
fine
of
at
least
$1,025
but
not
more
30
than
$10,245.
A
class
“C”
felony
is
punishable
by
confinement
31
for
no
more
than
10
years
and
a
fine
of
at
least
$1,370
but
not
32
more
than
$13,660.
33
The
bill
amends
Code
section
804.12
(use
of
force
in
34
resisting
arrest)
to
provide
that
a
person
using
force
to
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