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Senate File 2010

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 708.3A, Code Supplement 1995, is
  1  2 amended to read as follows:
  1  3    708.3A  ASSAULTS ON PEACE OFFICERS, AND FIRE FIGHTERS, AND
  1  4 EMERGENCY CARE PROVIDERS.
  1  5    1.  A person who commits an assault, as defined in section
  1  6 708.1, against a peace officer, basic emergency medical care
  1  7 provider under chapter 147, an advanced emergency medical care
  1  8 provider under chapter 147A, or fire fighter, whether paid or
  1  9 volunteer, with the knowledge that the person against whom the
  1 10 assault is committed is a peace officer, basic emergency
  1 11 medical care provider under chapter 147, an advanced emergency
  1 12 medical care provider under chapter 147A, or fire fighter and
  1 13 with the intent to inflict a serious injury upon the peace
  1 14 officer, basic emergency medical care provider under chapter
  1 15 147, an advanced emergency medical care provider under chapter
  1 16 147A, or fire fighter, is guilty of a class "D" felony.
  1 17    2.  A person who commits an assault, as defined in section
  1 18 708.1, against a peace officer, basic emergency medical care
  1 19 provider under chapter 147, an advanced emergency medical care
  1 20 provider under chapter 147A, or fire fighter, whether paid or
  1 21 volunteer, who knows that the person against whom the assault
  1 22 is committed is a peace officer, basic emergency medical care
  1 23 provider under chapter 147, an advanced emergency medical care
  1 24 provider under chapter 147A, or fire fighter and who uses or
  1 25 displays a dangerous weapon in connection with the assault, is
  1 26 guilty of a class "D" felony.
  1 27    3.  A person who commits an assault, as defined in section
  1 28 708.1, against a peace officer, basic emergency medical care
  1 29 provider under chapter 147, an advanced emergency medical care
  1 30 provider under chapter 147A, or fire fighter, whether paid or
  1 31 volunteer, who knows that the person against whom the assault
  1 32 is committed is a peace officer, basic emergency medical care
  1 33 provider under chapter 147, an advanced emergency medical care
  1 34 provider under chapter 147A, or fire fighter, and who causes
  1 35 bodily injury or disabling mental illness, is guilty of an
  2  1 aggravated misdemeanor.
  2  2    4.  Any other assault, as defined in section 708.1,
  2  3 committed against a peace officer, basic emergency medical
  2  4 care provider under chapter 147, an advanced emergency medical
  2  5 care provider under chapter 147A, or fire fighter, whether
  2  6 paid or volunteer, by a person who knows that the person
  2  7 against whom the assault is committed is a peace officer,
  2  8 basic emergency medical care provider under chapter 147, an
  2  9 advanced emergency medical care provider under chapter 147A,
  2 10 or fire fighter, is a serious misdemeanor.
  2 11    Sec. 2.  NEW SECTION.  708.3B  ASSAULTS ON EMERGENCY HEALTH
  2 12 CARE PROVIDERS.
  2 13    1.  A person who commits an assault, as defined in section
  2 14 708.1, against an emergency health care provider, with the
  2 15 knowledge that the person against whom the assault is
  2 16 committed is an emergency health care provider and with the
  2 17 intent to inflict a serious injury upon the emergency health
  2 18 care provider, is guilty of a class "D" felony.
  2 19    2.  A person who commits an assault, as defined in section
  2 20 708.1, against an emergency health care provider, who knows
  2 21 that the person against whom the assault is committed is an
  2 22 emergency health care provider and who uses or displays a
  2 23 dangerous weapon in connection with the assault, is guilty of
  2 24 a class "D" felony.
  2 25    3.  A person who commits an assault, as defined in section
  2 26 708.1, against an emergency health care provider, who knows
  2 27 that the person against whom the assault is committed is an
  2 28 emergency health care provider and who causes bodily injury or
  2 29 disabling mental illness, is guilty of an aggravated
  2 30 misdemeanor.
  2 31    4.  Any other assault, as defined in section 708.1,
  2 32 committed against an emergency health care provider by a
  2 33 person who knows that the person against whom the assault is
  2 34 committed is an emergency health care provider, is guilty of a
  2 35 serious misdemeanor.
  3  1    5.  As used in this section, "emergency health care
  3  2 provider" means an emergency medical care provider as defined
  3  3 in chapter 147A or a person licensed under chapter 148, 148C,
  3  4 150, 150A, or 152 who is authorized to provide and is
  3  5 providing emergency services in a hospital.  
  3  6                           EXPLANATION
  3  7    This bill establishes penalties for the assault of
  3  8 emergency health care providers.  An emergency health care
  3  9 provider is defined in the bill as an emergency medical care
  3 10 provider or a licensed physician or surgeon, physician
  3 11 assistant, osteopath, osteopathic physician or surgeon, or
  3 12 nurse who is authorized and is providing emergency services in
  3 13 a hospital.
  3 14    If the person committing the assault commits the assault
  3 15 with the knowledge that the person, against whom the assault
  3 16 is committed, is an emergency health care provider and either
  3 17 has the intent of inflicting serious injury or uses or
  3 18 displays a dangerous weapon in connection with the assault,
  3 19 the person is guilty of a class "D" felony which carries a
  3 20 maximum sentence of confinement for no more than five years
  3 21 and in addition a possible fine of at least $500 but not more
  3 22 than $7,500.  If the person committing the assault commits the
  3 23 assault with the knowledge that the person against whom the
  3 24 assault is committed is an emergency health care provider and
  3 25 causes bodily injury or disabling mental illness, the person
  3 26 is guilty of an aggravated misdemeanor which carries a maximum
  3 27 sentence of imprisonment not to exceed two years and a fine of
  3 28 at least $500 but not to exceed $5,000.  If the person commits
  3 29 any other type of assault and the person knows that the person
  3 30 against whom the assault is committed is an emergency health
  3 31 care provider, the person is guilty of a serious misdemeanor
  3 32 for which the maximum sentence is a fine of at least $250 but
  3 33 not to exceed $1,500 and the possibility of imprisonment not
  3 34 to exceed one year.
  3 35    The bill also amends existing law to separate the
  4  1 provisions relating to peace officers and fire fighters from
  4  2 those relating to emergency health care providers.  
  4  3 LSB 3007SS 76
  4  4 pf/sc/14
     
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