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