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Text: SF02166                           Text: SF02168
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Senate File 2167

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, FIRE FIGHTERS, AND
  1  4 EMERGENCY HEALTH 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 health
  1  7 care provider under chapter 147, an advanced emergency medical
  1  8 care provider under chapter 147A, or fire fighter, whether
  1  9 paid or volunteer, with the knowledge that the person against
  1 10 whom the assault is committed is a peace officer, basic
  1 11 emergency medical health care provider under chapter 147, an
  1 12 advanced emergency medical care provider under chapter 147A,
  1 13 or fire fighter and with the intent to inflict a serious
  1 14 injury upon the peace officer, basic emergency medical health
  1 15 care provider under chapter 147, an advanced emergency medical
  1 16 care provider under chapter 147A, or fire fighter, is guilty
  1 17 of a class "D" felony.
  1 18    2.  A person who commits an assault, as defined in section
  1 19 708.1, against a peace officer, basic emergency medical health
  1 20 care provider under chapter 147, an advanced emergency medical
  1 21 care provider under chapter 147A, or fire fighter, whether
  1 22 paid or volunteer, who knows that the person against whom the
  1 23 assault is committed is a peace officer, basic emergency
  1 24 medical health care provider under chapter 147, an advanced
  1 25 emergency medical care provider under chapter 147A, or fire
  1 26 fighter and who uses or displays a dangerous weapon in
  1 27 connection with the assault, is guilty of a class "D" felony.
  1 28    3.  A person who commits an assault, as defined in section
  1 29 708.1, against a peace officer, basic emergency medical health
  1 30 care provider under chapter 147, an advanced emergency medical
  1 31 care provider under chapter 147A, or fire fighter, whether
  1 32 paid or volunteer, who knows that the person against whom the
  1 33 assault is committed is a peace officer, basic emergency
  1 34 medical health care provider under chapter 147, an advanced
  1 35 emergency medical care provider under chapter 147A, or fire
  2  1 fighter, and who causes bodily injury or disabling mental
  2  2 illness, is guilty of an aggravated misdemeanor.
  2  3    4.  Any other assault, as defined in section 708.1,
  2  4 committed against a peace officer, basic emergency medical
  2  5 health care provider under chapter 147, an advanced emergency
  2  6 medical care provider under chapter 147A, or fire fighter,
  2  7 whether paid or volunteer, by a person who knows that the
  2  8 person against whom the assault is committed is a peace
  2  9 officer, basic emergency medical health care provider under
  2 10 chapter 147, an advanced emergency medical care provider under
  2 11 chapter 147A, or fire fighter, is a serious misdemeanor.
  2 12    5.  As used in this section, "health care provider" means
  2 13 an emergency medical care provider as defined in chapter 147A
  2 14 or a person licensed or registered under chapter 148, 148C,
  2 15 148D, 150, 150A, or 152 who is providing or who is attempting
  2 16 to provide emergency medical services, as defined in section
  2 17 147A.1, or who is providing or who is attempting to provide
  2 18 health services as defined in section 135.61 in a hospital.  A
  2 19 person who commits an assault under this section against a
  2 20 health care provider in a hospital, or at the scene or during
  2 21 out-of-hospital patient transportation in an ambulance, is
  2 22 presumed to know that the person against whom the assault is
  2 23 committed is a health care provider.  
  2 24                           EXPLANATION
  2 25    This bill establishes penalties for the assault of health
  2 26 care providers.  A health care provider is defined in the bill
  2 27 as an emergency medical care provider or a licensed physician
  2 28 or surgeon, physician assistant, resident physician,
  2 29 osteopath, osteopathic physician or surgeon, or nurse who is
  2 30 providing or who is attempting to provide emergency medical
  2 31 services, or who is providing or attempting to provide health
  2 32 services in a hospital.
  2 33    If the person committing the assault commits the assault
  2 34 with the knowledge that the person, against whom the assault
  2 35 is committed, is a health care provider and either has the
  3  1 intent of inflicting serious injury or uses or displays a
  3  2 dangerous weapon in connection with the assault, the person is
  3  3 guilty of a class "D" felony which carries a maximum sentence
  3  4 of confinement for no more than five years and in addition a
  3  5 possible fine of at least $500 but not more than $7,500.  If
  3  6 the person committing the assault commits the assault with the
  3  7 knowledge that the person against whom the assault is
  3  8 committed is a health care provider and causes bodily injury
  3  9 or disabling mental illness, the person is guilty of an
  3 10 aggravated misdemeanor which carries a maximum sentence of
  3 11 imprisonment not to exceed two years and a fine of at least
  3 12 $500 but not to exceed $5,000.  If the person commits any
  3 13 other type of assault and the person knows that the person
  3 14 against whom the assault is committed is a health care
  3 15 provider, the person is guilty of a serious misdemeanor for
  3 16 which the maximum sentence is a fine of at least $250 but not
  3 17 to exceed $1,500 and the possibility of imprisonment not to
  3 18 exceed one year.  The bill also provides that a person who
  3 19 commits an assault under the bill against a health care
  3 20 provider in a hospital or at the scene or during out of
  3 21 hospital patient transportation in an ambulance is presumed to
  3 22 know that the person against whom the assault is committed is
  3 23 a health care provider.  
  3 24 LSB 3007SV 76
  3 25 pf/sc/14
     
Text: SF02166                           Text: SF02168
Text: SF02100 - SF02199                 Text: SF Index
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