Text: HSB00193                          Text: HSB00195
Text: HSB00100 - HSB00199               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

House Study Bill 194

Bill Text

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, sexual
  1  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 cause and does cause serious injury to another
  1 28 commits a the 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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