Text: HF02286 Text: HF02288 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 708.3A, Code Supplement 1999, is 1 2 amended by adding the following new subsection before 1 3 subsection 1: 1 4 NEW SUBSECTION. 0A. A person who commits an assault, as 1 5 defined in section 708.1, against a peace officer, jailer, 1 6 correctional staff, member of the board of parole, health care 1 7 provider, or fire fighter whether paid or volunteer, with the 1 8 knowledge that the person against whom the assault is 1 9 committed is a peace officer, jailer, correctional staff, 1 10 member of the board of parole, health care provider, or fire 1 11 fighter, and causes serious injury upon the peace officer, 1 12 jailer, correctional staff, member of the board of parole, 1 13 health care provider, or fire fighter, is guilty of a class 1 14 "C" felony. 1 15 Sec. 2. Section 708.3A, subsections 1 through 4, Code 1 16 Supplement 1999, are amended to read as follows: 1 17 1. A person who commits an assault, as defined in section 1 18 708.1, against a peace officer, jailer, correctional staff, 1 19 member of the board of parole, health care provider, or fire 1 20 fighter, whether paid or volunteer, with the knowledge that 1 21 the person against whom the assault is committed is a peace 1 22 officer, jailer, correctional staff, member of the board of 1 23 parole, health care provider, or fire fighter and with the 1 24 intent to inflict a serious injury upon the peace officer, 1 25 jailer, correctional staff, health care provider, or fire 1 26 fighter, is guilty of a class "D" felony. 1 27 2. A person who commits an assault, as defined in section 1 28 708.1, against a peace officer, jailer, correctional staff, 1 29 member of the board of parole, health care provider, or fire 1 30 fighter, whether paid or volunteer, who knows that the person 1 31 against whom the assault is committed is a peace officer, 1 32 jailer, correctional staff, member of the board of parole, 1 33 health care provider, or fire fighter and who uses or displays 1 34 a dangerous weapon in connection with the assault, is guilty 1 35 of a class "D" felony. 2 1 3. A person who commits an assault, as defined in section 2 2 708.1, against a peace officer, jailer, correctional staff, 2 3 member of the board of parole, health care provider, or fire 2 4 fighter, whether paid or volunteer, who knows that the person 2 5 against whom the assault is committed is a peace officer, 2 6 jailer, correctional staff, member of the board of parole, 2 7 health care provider, or fire fighter, and who causes bodily 2 8 injury or mental illness, is guilty of an aggravated 2 9 misdemeanor. 2 10 4. Any other assault, as defined in section 708.1, 2 11 committed against a peace officer, jailer, correctional staff, 2 12 member of the board of parole, health care provider, or fire 2 13 fighter, whether paid or volunteer, by a person who knows that 2 14 the person against whom the assault is committed is a peace 2 15 officer, jailer, correctional staff, member of the board of 2 16 parole, health care provider, or fire fighter, is a serious 2 17 misdemeanor. 2 18 EXPLANATION 2 19 This bill amends Code section 708.3A relating to an assault 2 20 on a peace officer, jailer, correctional staff, or health care 2 21 provider. The bill adds a "member of the board of parole" to 2 22 the list of occupations covered under Code section 708.3A. 2 23 The bill effectively increases the penalty for an assault on a 2 24 member of the board of parole. 2 25 The bill provides that if a person assaults a member of the 2 26 board of parole with the intent to inflict serious injury or 2 27 uses a dangerous weapon in connection with the assault, that 2 28 person commits a class "D" felony. If a person assaults a 2 29 member of the board of parole and causes bodily injury, that 2 30 person commits an aggravated misdemeanor and if the person 2 31 commits any other type of assault, that person commits a 2 32 serious misdemeanor. 2 33 The bill also creates a penalty for an assault that causes 2 34 serious injury to a person who is a member of a listed 2 35 occupation under Code section 708.3A. Under the bill, if a 3 1 person assaults a peace officer, jailer, correctional staff, 3 2 member of the board of parole, health care provider, or fire 3 3 fighter, and causes serious injury, the person commits a class 3 4 "C" felony. Existing law does not provide for an enhanced 3 5 penalty for an assault that causes serious injury on a peace 3 6 officer, jailer, correctional staff, member of the board of 3 7 parole, health care provider, or fire fighter. 3 8 A serious misdemeanor is punishable by confinement for no 3 9 more than one year and a fine of at least $250 but not more 3 10 than $1,500. An aggravated misdemeanor is punishable by 3 11 confinement for no more than two years and a fine of at least 3 12 $500 but not more than $5,000. A class "D" felony is 3 13 punishable by confinement for no more than five years and a 3 14 fine of at least $750 but not more than $7,500. A class "C" 3 15 felony is punishable by confinement for no more than 10 years 3 16 and a fine of at least $1,000 but not more than $10,000. 3 17 LSB 6341HH 78 3 18 jm/as/5
Text: HF02286 Text: HF02288 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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