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Senate Study Bill 311

Conference Committee Text

PAG LIN
  1  1    Section 1.  Section 708.2, subsection 2, Code 1995, is
  1  2 amended to read as follows:
  1  3    2.  A person who commits an assault, as defined in section
  1  4 708.1, without the intent to inflict a serious injury upon
  1  5 another, and who causes bodily injury or disabling mental
  1  6 illness, is guilty of a serious misdemeanor.
  1  7    Sec. 2.  NEW SECTION.  708.4A  INTENTIONAL ASSAULT CAUSING
  1  8 INJURY.
  1  9    Any person who does an act which is not justified and which
  1 10 is intended to cause serious injury to another, but which
  1 11 causes bodily injury or mental illness which is not a serious
  1 12 injury, commits a class "D" felony.
  1 13    Sec. 3.  NEW SECTION.  708.4B  ASSAULT CAUSING SERIOUS
  1 14 INJURY.
  1 15    Any person who does an act which is not justified and which
  1 16 causes serious injury to another commits a class "D" felony.  
  1 17                           EXPLANATION
  1 18    This bill strikes from the serious misdemeanor form of
  1 19 assault which results in bodily injury or mental illness a
  1 20 requirement that the state prove a lack of intent to inflict a
  1 21 serious injury, or that the mental illness resulting from the
  1 22 act be disabling.  Two new forms of assault are created:  an
  1 23 assault with intent to cause serious injury but which results
  1 24 in bodily injury or mental illness that does not amount to
  1 25 serious injury and assault which results in serious injury.
  1 26 Serious injury is defined in section 702.18 to mean a
  1 27 disabling mental illness or bodily injury which creates a
  1 28 substantial risk of death or which causes serious permanent
  1 29 disfigurement, or protracted loss or impairment of the
  1 30 function of any bodily member or organ, and includes but is
  1 31 not limited to skull fractures, rib fractures, and metaphyseal
  1 32 fractures of the long bones of children under the age of four
  1 33 years.  
  1 34 LSB 2232SC 76
  1 35 lh/sc/14
     
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