Iowa House Bill HF2217

Iowa 2023-2024 Regular Session

• Introduced: 1/30/24
• Refer: 1/30/24

Caption

A bill for an act establishing the public offense of resisting arrest, and providing penalties.

Impact

If enacted, HF2217 will significantly impact the state's laws concerning public safety and law enforcement. The penalties for resisting arrest are notably strict, increasing in severity based on the consequences of the act—ranging from confinement terms of not more than two years for an aggravated misdemeanor, escalating to up to ten years for a class C felony if serious injury is inflicted. By standardizing these definitions and penalties, the law aims to provide a clear guideline for law enforcement officers and the public regarding the acceptable boundaries of resistance during an arrest.

Summary

House File 2217 establishes the public offense of resisting arrest in the state of Iowa. The bill defines resisting arrest as any intentional actions taken to prevent a peace officer from carrying out a lawful arrest. This could include using physical force, fleeing, disarming an officer, or creating risks of physical injury to either the officer or another individual. Importantly, the bill addresses not only the offense itself but also outlines the penalties associated with committing such an act, which range from an aggravated misdemeanor to felonies depending on the resultant harm to the officer involved.

Contention

During discussions surrounding HF2217, some members raised concerns about the implications of criminalizing resistance more aggressively. Critics argue that it may disproportionately affect marginalized communities, potentially exacerbating tensions between law enforcement and these populations. Advocates of the bill, however, argue that it enhances police authority and is necessary for ensuring public safety, as it clarifies and specifies defined actions that should be penalized in order to deter resistance against lawful authority.