Text: SF00085 Text: SF00087 Text: SF00000 - SF00099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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 asimpleserious 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 commitsa1 33seriousan 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 3an aggravated misdemeanora 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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