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House Amendment 5730

Amendment Text

PAG LIN
  1  1    Amend Senate File 2167 as passed by the Senate, as
  1  2 follows:
  1  3    #1.  By striking everything after the enacting
  1  4 clause and inserting the following:
  1  5    "Section 1.  Section 708.3A, Code Supplement 1995,
  1  6 is amended to read as follows:
  1  7    708.3A  ASSAULTS ON PEACE OFFICERS, FIRE FIGHTERS,
  1  8 AND EMERGENCY CARE PROVIDERS.
  1  9    1.  A person who commits an assault, as defined in
  1 10 section 708.1, against a peace officer, basic
  1 11 emergency medical care provider under chapter 147, an
  1 12 advanced emergency medical care provider under chapter
  1 13 147A, or fire fighter, whether paid or volunteer, with
  1 14 the knowledge that the person against whom the assault
  1 15 is committed is a peace officer, basic emergency
  1 16 medical care provider under chapter 147, an advanced
  1 17 emergency medical care provider under chapter 147A, or
  1 18 fire fighter and the intent to inflict a serious
  1 19 injury upon the peace officer, basic emergency medical
  1 20 care provider under chapter 147, an advanced emergency
  1 21 medical care provider under chapter 147A, or fire
  1 22 fighter, is guilty of a class "D" felony.
  1 23    2.  A person who commits an assault, as defined in
  1 24 section 708.1, against a peace officer, basic
  1 25 emergency medical care provider under chapter 147, an
  1 26 advanced emergency medical care provider under chapter
  1 27 147A, or fire fighter, whether paid or volunteer, who
  1 28 knows that the person against whom the assault is
  1 29 committed is a peace officer, basic emergency medical
  1 30 care provider under chapter 147, an advanced emergency
  1 31 medical care provider under chapter 147A, or fire
  1 32 fighter and who uses or displays a dangerous weapon in
  1 33 connection with the assault, is guilty of a class "D"
  1 34 felony.
  1 35    3.  A person who commits an assault, as defined in
  1 36 section 708.1, against a peace officer, basic
  1 37 emergency medical care provider under chapter 147, an
  1 38 advanced emergency medical care provider under chapter
  1 39 147A, or fire fighter, whether paid or volunteer, who
  1 40 knows that the person against whom the assault is
  1 41 committed is a peace officer, basic emergency medical
  1 42 care provider under chapter 147, an advanced emergency
  1 43 medical care provider under chapter 147A, or fire
  1 44 fighter, and who causes bodily injury or disabling
  1 45 mental illness, is guilty of an aggravated
  1 46 misdemeanor.
  1 47    4.  Any other assault, as defined in section 708.1,
  1 48 committed against a peace officer, basic emergency
  1 49 medical care provider under chapter 147, an advanced
  1 50 emergency medical care provider under chapter 147A, or
  2  1 fire fighter, whether paid or volunteer, by a person
  2  2 who knows that the person against whom the assault is
  2  3 committed is a peace officer, basic emergency medical
  2  4 care provider under chapter 147, an advanced emergency
  2  5 medical care provider under chapter 147A, or fire
  2  6 fighter, is a serious misdemeanor.
  2  7    Sec. 2.  NEW SECTION. 708A.1  INTERFERENCE WITHIN
  2  8 SCOPE OF DUTY – HEALTH CARE PROVIDERS.
  2  9    1.  A person who knowingly interferes with or
  2 10 obstructs anyone known by the person to be a health
  2 11 care provider, whether paid or volunteer, in the
  2 12 performance of any act which is within the scope of
  2 13 the duty or authority of that health care provider,
  2 14 whether paid or volunteer, commits a serious
  2 15 misdemeanor.
  2 16    2.  A person who knowingly interferes with or
  2 17 obstructs anyone known by the person to be a health
  2 18 care provider, whether paid or volunteer, in the
  2 19 performance of any act which is within the scope of
  2 20 the duty or authority of that health care provider,
  2 21 whether paid or volunteer, and in so doing inflicts
  2 22 bodily injury other than serious injury, commits an
  2 23 aggravated misdemeanor.
  2 24    3.  A person who knowingly interferes with or
  2 25 obstructs anyone known by the person to be a health
  2 26 care provider, whether paid or volunteer, in the
  2 27 performance of any act which is within the scope of
  2 28 the duty or authority of that health care provider,
  2 29 whether paid or volunteer, and in so doing inflicts or
  2 30 attempts to inflict serious injury, or displays a
  2 31 dangerous weapon, as defined in section 702.7, or is
  2 32 armed with a firearm, commits a class "D" felony.
  2 33    4.  As used in this section, "health care provider"
  2 34 means an emergency medical care provider as defined in
  2 35 chapter 147A or a person licensed, registered, or
  2 36 regulated under chapter 148, 148C, 148D, 150, 150A, or
  2 37 152, who is providing or who is attempting to provide
  2 38 emergency medical services, as defined in section
  2 39 147A.1, or who is providing or who is attempting to
  2 40 provide health services, as defined in section 135.61,
  2 41 in a hospital.  A person who knowingly interferes with
  2 42 or obstructs a health care provider, whether paid or
  2 43 volunteer, in the performance of any act which is in
  2 44 the scope of the duty of that health care provider, in
  2 45 the hospital, or at the scene or during out-of-
  2 46 hospital patient transportation in an ambulance, is
  2 47 presumed to know that the person against whom the
  2 48 interference or obstruction is committed is a health
  2 49 care provider.
  2 50    Sec. 3.  Section 719.1, subsection 1, Code
  3  1 Supplement 1995, is amended to read as follows:
  3  2    1.  A person who knowingly resists or obstructs
  3  3 anyone known by the person to be a peace officer,
  3  4 basic emergency medical care provider under chapter
  3  5 147, an advanced emergency medical care provider under
  3  6 chapter 147A, or fire fighter, whether paid or
  3  7 volunteer, in the performance of any act which is
  3  8 within the scope of the lawful duty or authority of
  3  9 that officer, basic emergency medical care provider
  3 10 under chapter 147, an advanced emergency medical care
  3 11 provider under chapter 147A, or fire fighter, whether
  3 12 paid or volunteer, or who knowingly resists or
  3 13 obstructs the service or execution by any authorized
  3 14 person of any civil or criminal process or order of
  3 15 any court, commits a serious misdemeanor.  However, if
  3 16 a person commits an interference with official acts,
  3 17 as defined in this subsection, and in so doing
  3 18 inflicts bodily injury other than serious injury, that
  3 19 person commits an aggravated misdemeanor.  If a person
  3 20 commits an interference with official acts, as defined
  3 21 in this subsection, and in so doing inflicts or
  3 22 attempts to inflict serious injury, or displays a
  3 23 dangerous weapon, as defined in section 702.7, or is
  3 24 armed with a firearm, that person commits a class "D"
  3 25 felony."
  3 26    #2.  Title page, line 1, by striking the word
  3 27 "assault" and inserting the following:  "interference
  3 28 or obstruction of the performance of the duties".
  3 29    #3.  Title page, line 2, by inserting after the
  3 30 word "provider" the following:  ", making conforming
  3 31 changes,".  
  3 32 
  3 33 
  3 34                              
  3 35 MORELAND of Wapello
  3 36 SF 2167.701 76
  3 37 pf/sc
     

Text: H05729                            Text: H05731
Text: H05700 - H05799                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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