KTIV NewsChannel 4 Sioux City IA: News, Weather and SportsRochester's 'Duty to Report' ordinance dead on arrival

Rochester's 'Duty to Report' ordinance dead on arrival

SIOUX CITY, Iowa (KTIV) - What if police could use a new tool to track down criminals?  Sounds pretty good right?  What if that tool was you?

Sioux City Councilman Aaron Rochester calls the concept 'Duty to Report.'

It takes the "Good Samaritan' law one step further, allowing police to charge witnesses to serious crimes with a misdemeanor if they fail to file a police report.

Rochester says the idea could save lives.  His fellow council members say the proposal won't compel people to come forward, but it might open up the door to lawsuits.

The real sticking point is whether someone wrongly accused of a crime could turn around and sue a good Samaritan who misperceived the situation.

“We're talking about people who are using guns and knives in life threatening situations, we're talking about serious crimes.  So, to falsely report a serious crime, I think would be fairly difficult," Rochester explained.

“They would be subject to civil litigation under this unless the state passes an immunity.  That's correct?  That's correct.  I will not , while I sit on this council, expose this entire community to lawsuits," retorted Mayor Pro-Tem Jim Rixner.

City attorney Andrew Mai says as a state law, Duty to Report, could offer protections that a city ordinance can't.

Gaining zero support from fellow council members, Rochester may look for a state lawmaker to sponsor the legislation or bring the idea back up to the new council next year.