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Text: SF00085                           Text: SF00087
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Senate File 86

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  NEW SECTION.  708.3A  ASSAULTS ON PEACE
  1  2 OFFICERS AND FIRE FIGHTERS.
  1  3    1.  A person who commits an assault, as defined in section
  1  4 708.1, against a peace officer or fire fighter, whether paid
  1  5 or volunteer, with the intent to inflict a serious injury upon
  1  6 the peace officer or fire fighter, is guilty of a class "D"
  1  7 felony.
  1  8    2.  A person who commits an assault, as defined in section
  1  9 708.1, against a peace officer or fire fighter, whether paid
  1 10 or volunteer, and uses or displays a dangerous weapon in
  1 11 connection with the assault, is guilty of a class "D" felony.
  1 12    3.  A person who commits an assault, as defined in section
  1 13 708.1, against a peace officer or fire fighter, whether paid
  1 14 or volunteer, without the intent to inflict a serious injury
  1 15 upon another, and who causes bodily injury or disabling mental
  1 16 illness, is guilty of an aggravated misdemeanor.
  1 17    4.  Any other assault, as defined in section 708.1,
  1 18 committed against a peace officer or fire fighter, whether
  1 19 paid or volunteer, is a serious misdemeanor.
  1 20    Sec. 2.  Section 719.1, subsection 1, Code 1995, is amended
  1 21 to read as follows:
  1 22    1.  A person who knowingly resists or obstructs anyone
  1 23 known by the person to be a peace officer or fire fighter,
  1 24 whether paid or volunteer, in the performance of any act which
  1 25 is within the scope of the lawful duty or authority of that
  1 26 officer or fire fighter, whether paid or volunteer, or who
  1 27 knowingly resists or obstructs the service or execution by any
  1 28 authorized person of any civil or criminal process or order of
  1 29 any court, commits a simple serious misdemeanor.  However, if
  1 30 a person commits an interference with official acts, as
  1 31 defined in this subsection, and in so doing inflicts bodily
  1 32 injury other than serious injury, that person commits a
  1 33 serious an aggravated misdemeanor.  If a person commits an
  1 34 interference with official acts, as defined in this
  1 35 subsection, and in so doing inflicts or attempts to inflict
  2  1 serious injury, or displays a dangerous weapon, as defined in
  2  2 section 702.7, or is armed with a firearm, that person commits
  2  3 an aggravated misdemeanor a class "D" felony.  
  2  4                           EXPLANATION
  2  5    This bill creates the offense of assault upon a peace
  2  6 officer or fire fighter.  Assault upon a peace officer or fire
  2  7 fighter is a class "D" felony if the assault is committed with
  2  8 the intent to inflict serious injury or a dangerous weapon is
  2  9 displayed or used in the commission of the assault.  If the
  2 10 assault is committed without the intent to inflict serious
  2 11 injury but bodily injury or disabling mental illness is caused
  2 12 as a result of the assault, then the person is guilty of an
  2 13 aggravated misdemeanor.  All other assaults against peace
  2 14 officers or fire fighters are serious misdemeanors.
  2 15    The bill also enhances the penalties applicable to inter-
  2 16 ference with official acts of peace officers and fire
  2 17 fighters.  Interference which involves the infliction or
  2 18 attempt to inflict serious injury is enhanced from an
  2 19 aggravated misdemeanor to a class "D" felony.  Interference
  2 20 which results in bodily injury other than serious injury is
  2 21 enhanced from a serious to an aggravated misdemeanor.  Other
  2 22 forms of interference are elevated from a simple to a serious
  2 23 misdemeanor.  
  2 24 LSB 1420XS 76
  2 25 lh/jw/5.1
     

Text: SF00085                           Text: SF00087
Text: SF00000 - SF00099                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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