Text: HF00385 Text: HF00387 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 HOUSE FILE 386
1 2
1 3 AN ACT
1 4 RELATING TO INCREASING THE PENALTIES FOR AN ASSAULT ON A JAILER
1 5 OR CORRECTIONAL STAFF.
1 6
1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 8
1 9 Section 1. Section 708.3A, Code 1999, is amended to read
1 10 as follows:
1 11 708.3A ASSAULTS ON PEACE OFFICERS, JAILERS, CORRECTIONAL
1 12 STAFF, FIRE FIGHTERS, AND HEALTH CARE PROVIDERS.
1 13 1. A person who commits an assault, as defined in section
1 14 708.1, against a peace officer, jailer, correctional staff,
1 15 health care provider, or fire fighter, whether paid or
1 16 volunteer, with the knowledge that the person against whom the
1 17 assault is committed is a peace officer, jailer, correctional
1 18 staff, health care provider, or fire fighter and with the
1 19 intent to inflict a serious injury upon the peace officer,
1 20 jailer, correctional staff, health care provider, or fire
1 21 fighter, is guilty of a class "D" felony.
1 22 2. A person who commits an assault, as defined in section
1 23 708.1, against a peace officer, jailer, correctional staff,
1 24 health care provider, or fire fighter, whether paid or
1 25 volunteer, who knows that the person against whom the assault
1 26 is committed is a peace officer, jailer, correctional staff,
1 27 health care provider, or fire fighter and who uses or displays
1 28 a dangerous weapon in connection with the assault, is guilty
1 29 of a class "D" felony.
1 30 3. A person who commits an assault, as defined in section
1 31 708.1, against a peace officer, jailer, correctional staff,
1 32 health care provider, or fire fighter, whether paid or
1 33 volunteer, who knows that the person against whom the assault
1 34 is committed is a peace officer, jailer, correctional staff,
1 35 health care provider, or fire fighter, and who causes bodily
2 1 injury or mental illness, is guilty of an aggravated
2 2 misdemeanor.
2 3 4. Any other assault, as defined in section 708.1,
2 4 committed against a peace officer, jailer, correctional staff,
2 5 health care provider, or fire fighter, whether paid or
2 6 volunteer, by a person who knows that the person against whom
2 7 the assault is committed is a peace officer, jailer,
2 8 correctional staff, health care provider, or fire fighter, is
2 9 a serious misdemeanor.
2 10 5. As used in this section, "health care provider" means
2 11 an emergency medical care provider as defined in chapter 147A
2 12 or a person licensed or registered under chapter 148, 148C,
2 13 148D, 150, 150A, or 152 who is providing or who is attempting
2 14 to provide emergency medical services, as defined in section
2 15 147A.1, or who is providing or who is attempting to provide
2 16 health services as defined in section 135.61 in a hospital. A
2 17 person who commits an assault under this section against a
2 18 health care provider in a hospital, or at the scene or during
2 19 out-of-hospital patient transportation in an ambulance, is
2 20 presumed to know that the person against whom the assault is
2 21 committed is a health care provider.
2 22 6. As used in this section, "correctional staff" means a
2 23 person who is not a peace officer but who is employed by the
2 24 department of corrections or a judicial district department of
2 25 correctional services to work at or in a correctional
2 26 institution, community-based correctional facility, or an
2 27 institution under the management of the Iowa department of
2 28 corrections which is used for the purposes of confinement of
2 29 persons who have committed public offenses.
2 30 7. As used in this section, "jailer" means a person who is
2 31 employed by a county or other political subdivision of the
2 32 state to work at a county jail or other facility used for
2 33 purposes of the confinement of persons who have committed
2 34 public offenses, but who is not a peace officer.
2 35
3 1
3 2
3 3 RON J. CORBETT
3 4 Speaker of the House
3 5
3 6
3 7
3 8 MARY E. KRAMER
3 9 President of the Senate
3 10
3 11 I hereby certify that this bill originated in the House and
3 12 is known as House File 386, Seventy-eighth General Assembly.
3 13
3 14
3 15
3 16 ELIZABETH ISAACSON
3 17 Chief Clerk of the House
3 18 Approved , 1999
3 19
3 20
3 21
3 22 THOMAS J. VILSACK
3 23 Governor
Text: HF00385 Text: HF00387 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
© 1999 Cornell College and League of Women Voters of Iowa
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