Text: SSB02047 Text: SSB02049 Text: SSB02000 - SSB02099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 718.4, Code 1995, is amended to read as 1 2 follows: 1 3 718.4 HARASSMENT OFPUBLIC OFFICERSPUBLIC OFFICIALS AND 1 4 PUBLIC EMPLOYEES. 1 5 1.AnyA person who willfully prevents or attempts to 1 6 preventanya publicofficerofficial, as defined in section 1 7 68B.2, or public employee, as defined in section 68B.2, from 1 8 performing theofficer'spublic official's or public 1 9 employee's duty commits a simple misdemeanor. 1 10 2. A person who, in relation to the performance of an 1 11 official duty by a public official, threatens, intimidates, or 1 12 forcibly interferes with the public official, commits 1 13 harassment of a public official. 1 14 a. A person commits harassment in the first degree when 1 15 the person commits harassment of a public official involving a 1 16 threat to commit a forcible felony or by forcibly interfering 1 17 with a public official. Harassment in the first degree is an 1 18 aggravated misdemeanor. 1 19 b. A person commits harassment in the second degree when 1 20 the person commits harassment of a public official involving a 1 21 threat to commit bodily injury. Harassment in the second 1 22 degree is a serious misdemeanor. 1 23 c. Any other act of harassment of a public official is 1 24 harassment in the third degree and is a simple misdemeanor. 1 25 EXPLANATION 1 26 The bill amends the section on harassment of public 1 27 officers and employees by striking the terms "public officer" 1 28 and "employee" and substituting "public official" and "public 1 29 employee". The bill uses the definitions of "public official" 1 30 and "public employee" from section 68B.2 of the Code. Section 1 31 68B.2 defines "public official" to mean officials, local 1 32 officials, and members of the general assembly. Section 68B.2 1 33 defines "public employee" to mean state employees, legislative 1 34 employees, and local employees. The terms "public officer" 1 35 and "employee" in section 718.4 are currently not defined. 2 1 The bill provides that a person who willfully prevents or 2 2 attempts to prevent a public official or public employee from 2 3 performing the public official's or public employee's duty 2 4 commits a simple misdemeanor. 2 5 The bill provides that a person who, in relation to the 2 6 performance of an official duty by a public official, 2 7 threatens, intimidates, or forcibly interferes with the public 2 8 official, commits harassment of a public official. The bill 2 9 provides that harassment of a public official constitutes the 2 10 crime of harassment in the first, second, or third degree. 2 11 The criminal penalties for and the definitions of first, 2 12 second, and third degree harassment in the bill are similar to 2 13 those in section 708.7 of the Code dealing with harassment. 2 14 BACKGROUND STATEMENT 2 15 SUBMITTED BY THE AGENCY 2 16 Threats have been made against public officials due solely 2 17 to the public official's action in administering the law. 2 18 Chapter 708 does not specifically address these actions when 2 19 they are made against public officials due to actions they 2 20 take in the performance of their duties. This proposal adds 2 21 to language already in the Code and maintains the same penalty 2 22 structure for harassment as that found in section 708.7. 2 23 LSB 3204DP 76 2 24 kah/jj/8
Text: SSB02047 Text: SSB02049 Text: SSB02000 - SSB02099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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