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Ex. DUT-IA-013 Standing duty Primary source read

DPS and DPH Explain Legal Authorities Under Disaster Emergency Proclamation (news release)

Iowa Department of Public Safety, 'DPS and DPH Explain Legal Authorities Under Disaster Emergency Proclamation,' March 17, 2020

Iowa Department of Public Safety and Iowa Department of Public Health · Iowa (State)

The COVID Project

The record

Jurisdiction
Iowa
Level
State
Authority
Iowa Dep't of Pub. Safety & Iowa Dep't of Pub. Health, DPS and DPH Explain Legal Authorities Under Disaster Emergency Proclamation (Mar. 17, 2020)
Issued
2020-03-17 Mar. 17, 2020
Effective
2020-03-17
End
statement of law; no sunset (read as 2021-09-30)
In force
Mar. 17, 2020 to Sept. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Business closureGathering capStanding duty
Addressees
  • persons generally; the closed establishments; organizers of gatherings
Character
agency position statement
Collection
Standing duties: Iowa DUT-IA

Operative words

Under Iowa Code chapters 29C and 135, these orders are enforceable by peace officers and a violation of such orders is a crime... Any person who knowingly violates these provisions of the disaster proclamation or a lawful order of an officer is guilty of a simple misdemeanor. Iowa Code section 135.38

Penalty

simple misdemeanor (§ 135.38); warrantless arrest (§ 29C.18(2)).

What it required

The State's public-safety and health departments' joint statement, issued the day of the first closure proclamation, that the closures of restaurants, bars, fitness centers, theaters, casinos and senior centers and the prohibition of gatherings over ten 'are enforceable by peace officers,' that officers 'shall execute and enforce the orders or rules made by the governor' (§ 29C.18(1)), may arrest without warrant (§ 29C.18(2)), 'shall enforce' the Department's orders (§ 135.35), and that knowing violation is a simple misdemeanor (§ 135.38). Character as recorded: agency_position_statement (release, FAQ, memorandum or statement; order_penalty layer).

Retrieval note

The page carries the publication timestamp 2020-03-17 (datetime attribute). sha256 computed with Get-FileHash. Text verified in the saved PDF: §§ 29C.18(1)-(2), 135.35 and 135.38 quoted as in the record.