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House Study Bill 88

Bill Text

PAG LIN
  1  1    Section 1.  Section 708.3A, Code 1999, is amended to read
  1  2 as follows:
  1  3    708.3A  ASSAULTS ON PEACE OFFICERS, JAILERS, FIRE FIGHTERS,
  1  4 AND HEALTH CARE PROVIDERS.
  1  5    1.  A person who commits an assault, as defined in section
  1  6 708.1, against a peace officer, jailer, health care provider,
  1  7 or fire fighter, whether paid or volunteer, with the knowledge
  1  8 that the person against whom the assault is committed is a
  1  9 peace officer, jailer, health care provider, or fire fighter
  1 10 and with the intent to inflict a serious injury upon the peace
  1 11 officer, jailer, health care provider, or fire fighter, is
  1 12 guilty of a class "D" felony.
  1 13    2.  A person who commits an assault, as defined in section
  1 14 708.1, against a peace officer, jailer, health care provider,
  1 15 or fire fighter, whether paid or volunteer, who knows that the
  1 16 person against whom the assault is committed is a peace
  1 17 officer, jailer, health care provider, or fire fighter and who
  1 18 uses or displays a dangerous weapon in connection with the
  1 19 assault, is guilty of a class "D" felony.
  1 20    3.  A person who commits an assault, as defined in section
  1 21 708.1, against a peace officer, jailer, health care provider,
  1 22 or fire fighter, whether paid or volunteer, who knows that the
  1 23 person against whom the assault is committed is a peace
  1 24 officer, jailer, health care provider, or fire fighter, and
  1 25 who causes bodily injury or mental illness, is guilty of an
  1 26 aggravated misdemeanor.
  1 27    4.  Any other assault, as defined in section 708.1,
  1 28 committed against a peace officer, jailer, health care
  1 29 provider, or fire fighter, whether paid or volunteer, by a
  1 30 person who knows that the person against whom the assault is
  1 31 committed is a peace officer, jailer, health care provider, or
  1 32 fire fighter, is a serious misdemeanor.
  1 33    5.  As used in this section, "health care provider" means
  1 34 an emergency medical care provider as defined in chapter 147A
  1 35 or a person licensed or registered under chapter 148, 148C,
  2  1 148D, 150, 150A, or 152 who is providing or who is attempting
  2  2 to provide emergency medical services, as defined in section
  2  3 147A.1, or who is providing or who is attempting to provide
  2  4 health services as defined in section 135.61 in a hospital.  A
  2  5 person who commits an assault under this section against a
  2  6 health care provider in a hospital, or at the scene or during
  2  7 out-of-hospital patient transportation in an ambulance, is
  2  8 presumed to know that the person against whom the assault is
  2  9 committed is a health care provider.
  2 10    6.  As used in this section, "jailer" means a person who is
  2 11 employed by a county or other political subdivision of the
  2 12 state to work at a county jail or other facility used for
  2 13 purposes of the confinement of persons who have committed
  2 14 public offenses, but who is not a peace officer.  
  2 15                           EXPLANATION
  2 16    This bill amends Code section 708.3A relating to an assault
  2 17 on a peace officer, fire fighter, or health care provider.
  2 18 The bill adds "jailer" to the list of occupations covered
  2 19 under Code section 708.3A.  The bill increases the penalty for
  2 20 an assault on a jailer.  A "jailer" is defined as a person
  2 21 employed at a county jail or other facility used to confine
  2 22 persons who commit criminal offenses who is not a peace
  2 23 officer.
  2 24    Under the bill, if a person assaults a jailer with the
  2 25 intent to inflict serious injury or uses a dangerous weapon in
  2 26 connection with the assault, that person commits a class "D"
  2 27 felony.  If a person assaults a jailer and causes bodily
  2 28 injury, that person commits an aggravated misdemeanor and if
  2 29 the person commits any other type of assault, that person
  2 30 commits a serious misdemeanor.
  2 31    Under current law, a conviction for assault on a jailer
  2 32 would carry the same penalties as an assault on a person.  The
  2 33 penalties for assault on a person range from a simple
  2 34 misdemeanor to an aggravated misdemeanor.
  2 35    A class "D" felony is punishable by confinement for no more
  3  1 than five years and a fine of at least $500 but not more than
  3  2 $7,500.  An aggravated misdemeanor is punishable by
  3  3 confinement for no more than two years and a fine of at least
  3  4 $500 but not more than $5,000.  A serious misdemeanor is
  3  5 punishable by confinement for no more than one year and a fine
  3  6 of at least $250 but not more than $1,500.  A simple
  3  7 misdemeanor is punishable by confinement for no more than 30
  3  8 days or a fine of at least $50 but not more than $100.  
  3  9 LSB 2011HC 78
  3 10 jm/jw/5
     

Text: HSB00087                          Text: HSB00089
Text: HSB00000 - HSB00099               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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