Text: HSB00193 Text: HSB00195 Text: HSB00100 - HSB00199 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 702.11, Code 1999, is amended to read 1 2 as follows: 1 3 702.11 FORCIBLE FELONY. 1 4 1. A "forcible felony" is any felonious child 1 5 endangerment, assault, murder, sexual abuse, kidnapping, 1 6 robbery, arson in the first degree, or burglary in the first 1 7 degree.However, sexual1 8 2. Notwithstanding subsection 1, the following offenses 1 9 are not forcible felonies: 1 10 a. Willful injury in violation of section 708.4, 1 11 subsection 2. 1 12 b. Sexual abuse in the third degree committed between 1 13 spouses, sexual. 1 14 c. Sexual abuse in violation of section 709.4, subsection 1 15 2, paragraph "c", subparagraph (4), or sexual. 1 16 d. Sexual exploitation by a counselor or therapist in 1 17 violation of section 709.15, is not a "forcible felony". 1 18 Sec. 2. Section 708.2, Code 1999, is amended by adding the 1 19 following new subsection: 1 20 NEW SUBSECTION. 3A. A person who commits an assault, as 1 21 defined in section 708.1, and who causes serious injury, is 1 22 guilty of a class "D" felony. 1 23 Sec. 3. Section 708.4, Code 1999, is amended to read as 1 24 follows: 1 25 708.4 WILLFUL INJURY. 1 26 Any person who does an act which is not justified and which 1 27 is intended to causeand does causeserious injury to another 1 28 commitsathe following: 1 29 1. A class "C" felony, if the person causes serious injury 1 30 to another. 1 31 2. A class "D" felony, if the person causes bodily injury 1 32 to another. 1 33 EXPLANATION 1 34 This bill amends Code sections related to the crime of 1 35 assault. 2 1 Code section 708.2 is amended to add a class "D" felony 2 2 where a person commits assault that results in a serious 2 3 injury. "Serious injury" is defined in Code section 702.18 as 2 4 a disabling mental illness, bodily injury which creates a 2 5 substantial risk of death or which causes serious permanent 2 6 disfigurement, or protracted loss or impairment of the 2 7 function of any bodily member or organ, and includes, but is 2 8 not limited to, skull fractures, rib fractures, and 2 9 metaphyseal fractures of the long bones of children under the 2 10 age of four years. 2 11 Code section 708.4 adds a class "D" felony to the offense 2 12 of willful injury, where the person intends to cause serious 2 13 injury and actually causes a bodily injury that is less than a 2 14 serious injury. The bill also amends Code section 702.11 to 2 15 exclude this new class "D" felony from the definition of 2 16 "forcible felony". The bill also makes editorial changes to 2 17 Code section 702.11. 2 18 A class "D" felony is punishable by confinement for no more 2 19 than five years and a fine of at least $500 but not more than 2 20 $7,500. 2 21 LSB 2391HC 78 2 22 jj/jw/5
Text: HSB00193 Text: HSB00195 Text: HSB00100 - HSB00199 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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