House File 462
HOUSE FILE
BY GRANZOW, HORBACH, and
HEATON
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the criminal penalties for an assault on an
2 employee of a juvenile placement facility.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 2513YH 80
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PAG LIN
1 1 Section 1. Section 708.3A, subsections 1 through 4, Code
1 2 2003, are amended to read as follows:
1 3 1. A person who commits an assault, as defined in section
1 4 708.1, against a peace officer, jailer, correctional staff,
1 5 health care provider, employee of a juvenile placement
1 6 facility, or fire fighter, whether paid or volunteer, with the
1 7 knowledge that the person against whom the assault is
1 8 committed is a peace officer, jailer, correctional staff,
1 9 health care provider, employee of a juvenile placement
1 10 facility, or fire fighter and with the intent to inflict a
1 11 serious injury upon the peace officer, jailer, correctional
1 12 staff, health care provider, employee of a juvenile placement
1 13 facility, or fire fighter, is guilty of a class "D" felony.
1 14 2. A person who commits an assault, as defined in section
1 15 708.1, against a peace officer, jailer, correctional staff,
1 16 health care provider, employee of a juvenile placement
1 17 facility, or fire fighter, whether paid or volunteer, who
1 18 knows that the person against whom the assault is committed is
1 19 a peace officer, jailer, correctional staff, health care
1 20 provider, employee of a juvenile placement facility, or fire
1 21 fighter and who uses or displays a dangerous weapon in
1 22 connection with the assault, is guilty of a class "D" felony.
1 23 3. A person who commits an assault, as defined in section
1 24 708.1, against a peace officer, jailer, correctional staff,
1 25 health care provider, employee of a juvenile placement
1 26 facility, or fire fighter, whether paid or volunteer, who
1 27 knows that the person against whom the assault is committed is
1 28 a peace officer, jailer, correctional staff, health care
1 29 provider, employee of a juvenile placement facility, or fire
1 30 fighter, and who causes bodily injury or mental illness, is
1 31 guilty of an aggravated misdemeanor.
1 32 4. Any other assault, as defined in section 708.1,
1 33 committed against a peace officer, jailer, correctional staff,
1 34 health care provider, employee of a juvenile placement
1 35 facility, or fire fighter, whether paid or volunteer, by a
2 1 person who knows that the person against whom the assault is
2 2 committed is a peace officer, jailer, correctional staff,
2 3 health care provider, employee of a juvenile placement
2 4 facility, or fire fighter, is a serious misdemeanor.
2 5 Sec. 2. Section 708.3A, Code 2003, is amended by adding
2 6 the following new subsection:
2 7 NEW SUBSECTION. 8. As used in this section, "employee of
2 8 a juvenile placement facility" means an employee of a juvenile
2 9 placement facility listed in section 709.16. A person who
2 10 commits an assault under this section against an employee of a
2 11 juvenile placement facility is presumed to know that the
2 12 person against whom the assault is committed is an employee of
2 13 a juvenile placement facility.
2 14 EXPLANATION
2 15 This bill amends Code section 708.3A relating to an assault
2 16 on a peace officer, jailer, correctional staff, health care
2 17 provider, or fire fighter. The bill adds an employee of a
2 18 juvenile placement facility to the list of occupations covered
2 19 under Code section 708.3A. The bill effectively increases the
2 20 penalty for most assaults on an employee of a juvenile
2 21 placement facility. However, the bill does not increase the
2 22 penalty for a class "D" felony assault.
2 23 The bill provides that if a person assaults an employee of
2 24 a juvenile placement facility with the intent to inflict
2 25 serious injury or uses or displays a dangerous weapon in
2 26 connection with the assault, that person commits a class "D"
2 27 felony. If a person assaults an employee of a juvenile
2 28 placement facility, and causes bodily injury or mental
2 29 illness, that person commits an aggravated misdemeanor and if
2 30 the person commits any other type of assault, that person
2 31 commits a serious misdemeanor.
2 32 The bill defines "an employee of a juvenile placement
2 33 facility" to mean an employee of a juvenile placement facility
2 34 listed in Code section 709.16.
2 35 A serious misdemeanor is punishable by confinement for no
3 1 more than one year and a fine of at least $250 but not more
3 2 than $1,500. An aggravated misdemeanor is punishable by
3 3 confinement for no more than two years and a fine of at least
3 4 $500 but not more than $5,000. A class "D" felony is
3 5 punishable by confinement for no more than five years and a
3 6 fine of at least $750 but not more than $7,500.
3 7 LSB 2513YH 80
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