General Assembly: 76 (1995 Regular GA) - Chapter 90 - Assaults upon and interference with certain officials — other assault provisions


Published: 1995-04-26

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CH. 90 lAWS OF THE SEVENlY-SIXTH GA, 1995 SESSION

CHAPTER90 ASSAULTS UPON AND INTERFERENCE WITH CERTAIN

OFFICIALS -OTHER ASSAULT PROVISIONS S.F. 443

164

AN ACf to prohibit assaults upon peace officers, basic emergency medical care providers, advanced emergency medical care providers, and fire fighters by providing penalties and enhancing penalties for resisting or obstructing peace officers, basic emergency medical care providers, advanced emergency medical care providers, and fire fighters who are performing their duties.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 708.2A, subsection 2, paragraph b, Code 1995, is amended to read as follows:

b. A serious misdemeanor, if the domestic abuse assault is eemmitted vritbetlt the in teat te iR..4'J:iet a serieas injwy apea aaetheF, aad the assaWt causes bodily injury or Elis- a91iag mental illness.

Sec. 2. Section 708.2C, subsection 3, Code 1995, is amended to read as follows: 3. A person who commits an assault in violation of individual rights vlithetlt the iRteRt

te iRfliet a serieas iRjary apea aaetheF, and who causes bodily injury or disabling mental illness, is guilty of an aggravated misdemeanor.

Sec. 3. NEW SECTION. 708.3A ASSAULTS ON PEACE OFFICERS AND FIRE FIGHTERS.

1. A person who commits an assault, as defined in section 708.1, against a peace of- ficer, basic emergency medical care provider under chapter 147, an advanced emergency medical care provider under chapter 147A, or fire fighter, whether paid or volunteer, with the knowledge that the person against whom the assault is committed is a peace officer, basic emergency medical care provider under chapter 14 7, an advanced emergency medi- cal care provider under chapter 147A, or fire fighter and the intent to inflict a serious injury upon the peace officer, basic emergency medical care provider under chapter 147, an advanced emergency medical care provider under chapter 147A, or fire fighter, is guilty of a class "D" felony.

2. A person who commits an assault, as defined in section 708.1, against a peace of- ficer, basic emergency medical care provider under chapter 147, an advanced emergency medical care provider under chapter 147A, or fire fighter, whether paid or volunteer, who knows that the person against whom the assault is committed is a peace officer, basic emergency medical care provider under chapter 14 7, an advanced emergency medical care provider under chapter 14 7 A, or fire fighter and who uses or displays a dangerous weapon in connection with the assault, is guilty of a class "D" felony.

3. A person who commits an assault, as defined in section 708.1, against a peace of- ficer, basic emergency medical care provider under chapter 147, an advanced emergency medical care provider under chapter 147A, or fire fighter, whether paid or volunteer, who knows that the person against whom the assault is committed is a peace officer, basic emergency medical care provider under chapter 14 7, an advanced emergency medical care provider under chapter 147A, or fire fighter, and who causes bodily injury or dis- abling mental illness, is guilty of an aggravated misdemeanor.

4. Any other assault, as defined in section 708.1, committed against a peace officer, basic emergency medical care provider under chapter 14 7, an advanced emergency medi- cal care provider under chapter 147A, or fire fighter, whether paid or volunteer, by a person who knows that the person against whom the assault is committed is a peace of- ficer, basic emergency medical care provider under chapter 147, an advanced emergency medical care provider under chapter 147A, or fire fighter, is a serious misdemeanor.

165 lAWS OF THE SEVENIY-SIXTH GA, 1995 SESSION CH. 91

Sec. 4. Section 719.1, subsection 1, Code 1995, is amended to read as follows: 1. A person who knowingly resists or obstructs anyone known by the person to be a

peace officer. basic emergency medical care provider under chapter 147. an advanced 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. basic emergency medical care provider under chapter 147. an advanced 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 serious misdemeanor. However, 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 a seriaus an aggravated misdemeanor. If a person commits an inter- ference 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 aa aggFW!fMeEI misEiemeaaaF a class "D" felony.

Approved April 26, 1995

CHAPTER91 DUTIES OF DISTRICT COURT CLERKS -ADDITIONAL COURT FEES

S.F. 409

AN ACT relating to the activities of clerks of the district court, and providing additional court fees.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 420.239, Code 1995, is amended to read as follows: 420.239 CERTIFICATE OF REDEMPTION. The treasurer, collector, or person authorized to receive the same, upon application of

any party to redeem real property sold as aforesaid, and being satisfied that such person has a right to redeem the same, and on payment of the proper amount, shall issue to such party a certificate of redemption, in substance and form as provided for the redemption of property sold for state and county taxes, aaEI shall make pFapeF eatFy theFeaf ia the sale beak;- which redemption shall thereupon be deemed complete without further proceed- ings.

Sec. 2. Section 582.4, Code 1995, is amended to read as follows: 582.4 UEN BOOK- FEES. Every clerk of the district court shall, at the expense of the county, provide a suitable

well-bound book to be called the hospital lien docket in which, upon the filing of any lien claim under the provisions of this chapter, the clerk shall enter the name of the injured person, the date of the accident, and the name of the hospital or other institution making the claim. Said The clerk shall make a proper index of the same in the name of the injured person and Slleh the clerk shall collect a fee of twa ten dollars for filing each lien claim.

Sec. 3. Section 602.8102, subsection 44, Code 1995, is amended to read as follows: 44. GeRify Forward to the superintendent of each correctional institution a copy of the

sheriffs certification concerning the number of days that have been credited toward comple- tion of an inmate's sentence as provided in section 903A5.