Text: HF02426 Text: HF02428 Text: HF02400 - HF02499 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 6341HV 78
3 18 jm/as/5
Text: HF02426 Text: HF02428 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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