Text: H08276                            Text: H08278
Text: H08200 - H08299                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

House Amendment 8277

Amendment Text

PAG LIN
  1  1    Amend House File 2426 as follows:
  1  2    #1.  Page 1, by inserting before line 1 the
  1  3 following:
  1  4    "Section 1.  Section 708.2, Code Supplement 1999,
  1  5 is amended to read as follows:
  1  6    708.2  PENALTIES FOR ASSAULT.
  1  7    1.  A person who commits an assault, as defined in
  1  8 section 708.1, with the intent to inflict a serious
  1  9 injury upon another, is guilty of an aggravated
  1 10 misdemeanor a class "D" felony.
  1 11    2.  A person who commits an assault, as defined in
  1 12 section 708.1, and who causes bodily injury or mental
  1 13 illness, is guilty of a serious an aggravated
  1 14 misdemeanor.
  1 15    3.  A person who commits an assault, as defined in
  1 16 section 708.1, and uses or displays a dangerous weapon
  1 17 in connection with the assault, is guilty of an
  1 18 aggravated misdemeanor a class "D" felony.  This
  1 19 subsection does not apply if section 708.6 or 708.8
  1 20 applies.
  1 21    4.  A person who commits an assault, as defined in
  1 22 section 708.1, and who causes serious injury, is
  1 23 guilty of a class "D" "C" felony.
  1 24    5.  Any other assault, except as otherwise
  1 25 provided, is a simple serious misdemeanor.
  1 26    Sec. 2.  Section 708.2A, subsections 2 through 4,
  1 27 Code Supplement 1999, are amended to read as follows:
  1 28    2.  On a first offense of domestic abuse assault,
  1 29 the person commits:
  1 30    a.  A simple serious misdemeanor for a domestic
  1 31 abuse assault, except as otherwise provided.
  1 32    b.  A serious An aggravated misdemeanor, if the
  1 33 domestic abuse assault causes bodily injury or mental
  1 34 illness.
  1 35    c.  An aggravated misdemeanor A class "D" felony,
  1 36 if the domestic abuse assault is committed with the
  1 37 intent to inflict a serious injury upon another, or if
  1 38 the person uses or displays a dangerous weapon in
  1 39 connection with the assault.  This paragraph does not
  1 40 apply if section 708.6 or 708.8 applies.
  1 41    3.  Except as otherwise provided in subsection 2,
  1 42 on a second domestic abuse assault, a person commits:
  1 43    a.  A serious An aggravated misdemeanor, if the
  1 44 first offense was classified as a simple or serious
  1 45 misdemeanor, and the second offense would otherwise be
  1 46 classified as a simple serious misdemeanor.
  1 47    b.  An aggravated misdemeanor A class "D" felony,
  1 48 if the first offense was classified as a simple,
  1 49 serious, or aggravated misdemeanor, and the second
  1 50 offense would otherwise be classified as a serious an
  2  1 aggravated misdemeanor, or the first offense was
  2  2 classified as a serious or aggravated misdemeanor, and
  2  3 the second offense would otherwise be classified as a
  2  4 simple or serious misdemeanor.
  2  5    4.  On a third or subsequent offense of domestic
  2  6 abuse assault, a person commits a class "D" "C"
  2  7 felony."
  2  8    #2.  Title page, line 1, by inserting after the
  2  9 word "Act" the following:  "relating to criminal
  2 10 penalties for assault and domestic abuse and".
  2 11    #3.  By renumbering as necessary.  
  2 12 
  2 13 
  2 14                               
  2 15 MASCHER of Johnson
  2 16 
  2 17 
  2 18                               
  2 19 GARMAN of Story
  2 20 HF 2426.303 78
  2 21 jm/cf

Text: H08276                            Text: H08278
Text: H08200 - H08299                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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