Text: HF02133 Text: HF02135 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 708.3A, Code 2001, is amended by adding
1 2 the following new subsection before subsection 1:
1 3 NEW SUBSECTION. 0A. A person who commits an assault, as
1 4 defined in section 708.1, against a peace officer, jailer,
1 5 correctional staff, member of the board of parole, health care
1 6 provider, or fire fighter whether paid or volunteer, with the
1 7 knowledge that the person against whom the assault is
1 8 committed is a peace officer, jailer, correctional staff,
1 9 member of the board of parole, health care provider, or fire
1 10 fighter, and causes serious injury upon the peace officer,
1 11 jailer, correctional staff, member of the board of parole,
1 12 health care provider, or fire fighter, is guilty of a class
1 13 "C" felony.
1 14 Sec. 2. Section 708.3A, subsections 1 through 4, Code
1 15 2001, are amended to read as follows:
1 16 1. A person who commits an assault, as defined in section
1 17 708.1, against a peace officer, jailer, correctional staff,
1 18 health care provider, or fire fighter, whether paid or
1 19 volunteer, with the knowledge that the person against whom the
1 20 assault is committed is a peace officer, jailer, correctional
1 21 staff, member of the board of parole, health care provider, or
1 22 fire fighter and with the intent to inflict a serious injury
1 23 upon the peace officer, jailer, correctional staff, member of
1 24 the board of parole, health care provider, or fire fighter, is
1 25 guilty of a class "D" felony.
1 26 2. A person who commits an assault, as defined in section
1 27 708.1, against a peace officer, jailer, correctional staff,
1 28 member of the board of parole, health care provider, or fire
1 29 fighter, whether paid or volunteer, who knows that the person
1 30 against whom the assault is committed is a peace officer,
1 31 jailer, correctional staff, member of the board of parole,
1 32 health care provider, or fire fighter and who uses or displays
1 33 a dangerous weapon in connection with the assault, is guilty
1 34 of a class "D" felony.
1 35 3. A person who commits an assault, as defined in section
2 1 708.1, against a peace officer, jailer, correctional staff,
2 2 member of the board of parole, health care provider, or fire
2 3 fighter, whether paid or volunteer, who knows that the person
2 4 against whom the assault is committed is a peace officer,
2 5 jailer, correctional staff, member of the board of parole,
2 6 health care provider, or fire fighter, and who causes bodily
2 7 injury or mental illness, is guilty of an aggravated
2 8 misdemeanor.
2 9 4. Any other assault, as defined in section 708.1,
2 10 committed against a peace officer, jailer, correctional staff,
2 11 member of the board of parole, health care provider, or fire
2 12 fighter, whether paid or volunteer, by a person who knows that
2 13 the person against whom the assault is committed is a peace
2 14 officer, jailer, correctional staff, member of the board of
2 15 parole, health care provider, or fire fighter, is a serious
2 16 misdemeanor.
2 17 EXPLANATION
2 18 This bill amends Code section 708.3A relating to an assault
2 19 on a peace officer, jailer, correctional staff, health care
2 20 provider, or fire fighter. The bill adds a "member of the
2 21 board of parole" to the list of occupations covered under Code
2 22 section 708.3A. The bill effectively increases the penalty
2 23 for an assault on a member of the board of parole.
2 24 The bill provides that if a person assaults a member of the
2 25 board of parole with the intent to inflict serious injury or
2 26 uses a dangerous weapon in connection with the assault, that
2 27 person commits a class "D" felony. If a person assaults a
2 28 member of the board of parole and causes bodily injury, that
2 29 person commits an aggravated misdemeanor and if the person
2 30 commits any other type of assault, that person commits a
2 31 serious misdemeanor.
2 32 The bill also creates a penalty for an assault that causes
2 33 serious injury to a person who is a member of a listed
2 34 occupation under Code section 708.3A. Under the bill, if a
2 35 person assaults a peace officer, jailer, correctional staff,
3 1 member of the board of parole, health care provider, or fire
3 2 fighter, and causes serious injury, the person commits a class
3 3 "C" felony. Existing law does not provide for an enhanced
3 4 penalty for an assault that causes serious injury on a peace
3 5 officer, jailer, correctional staff, member of the board of
3 6 parole, health care provider, or fire fighter.
3 7 A serious misdemeanor is punishable by confinement for no
3 8 more than one year and a fine of at least $250 but not more
3 9 than $1,500. An aggravated misdemeanor is punishable by
3 10 confinement for no more than two years and a fine of at least
3 11 $500 but not more than $5,000. A class "D" felony is
3 12 punishable by confinement for no more than five years and a
3 13 fine of at least $750 but not more than $7,500. A class "C"
3 14 felony is punishable by confinement for no more than 10 years
3 15 and a fine of at least $1,000 but not more than $10,000.
3 16 LSB 5293HH 79
3 17 jm/sh/8
3 18
Text: HF02133 Text: HF02135 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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