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
© 1999 Cornell College and League of Women Voters of Iowa
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