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PAG LIN
1 1 Section 1. Section 708.3A, subsections 1 through 4, Code
1 2 2001, are amended to read as follows:
1 3 1. A person who commits an assault, as defined in section
1 4 708.1, against a peace officer, jailer, correctional staff,
1 5 member of the board of parole, health care provider, or fire
1 6 fighter, whether paid or volunteer, with the knowledge that
1 7 the person against whom the assault is committed is a peace
1 8 officer, jailer, correctional staff, member of the board of
1 9 parole, health care provider, or fire fighter and with the
1 10 intent to inflict a 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 "D" felony.
1 14 2. A person who commits an assault, as defined in section
1 15 708.1, against a peace officer, jailer, correctional staff,
1 16 member of the board of parole, health care provider, or fire
1 17 fighter, whether paid or volunteer, who knows that the person
1 18 against whom the assault is committed is a peace officer,
1 19 jailer, correctional staff, member of the board of parole,
1 20 health care provider, or fire fighter and who uses or displays
1 21 a dangerous weapon in connection with the assault, is guilty
1 22 of a class "D" felony.
1 23 3. A person who commits an assault, as defined in section
1 24 708.1, against a peace officer, jailer, correctional staff,
1 25 member of the board of parole, health care provider, or fire
1 26 fighter, whether paid or volunteer, who knows that the person
1 27 against whom the assault is committed is a peace officer,
1 28 jailer, correctional staff, member of the board of parole,
1 29 health care provider, or fire fighter, and who causes bodily
1 30 injury or mental illness, is guilty of an aggravated
1 31 misdemeanor.
1 32 4. Any other assault, as defined in section 708.1,
1 33 committed against a peace officer, jailer, correctional staff,
1 34 member of the board of parole, health care provider, or fire
1 35 fighter, whether paid or volunteer, by a person who knows that
2 1 the person against whom the assault is committed is a peace
2 2 officer, jailer, correctional staff, member of the board of
2 3 parole, health care provider, or fire fighter, is a serious
2 4 misdemeanor.
2 5 Sec. 2. Section 708.7, subsections 2 through 4, Code 2001,
2 6 are amended to read as follows:
2 7 2. A person commits harassment in the first degree when
2 8 the person commits harassment involving a threat to commit a
2 9 forcible felony, or commits harassment and has previously been
2 10 convicted of harassment three or more times under this section
2 11 or any similar statute during the preceding ten years.
2 12 Harassment in the first degree is an aggravated
2 13 misdemeanor, except that a person who commits harassment in
2 14 the first degree against a peace officer, jailer, correctional
2 15 staff, member of the board of parole, health care provider, or
2 16 fire fighter as set forth in section 708.3A, with the
2 17 knowledge that the person against whom the harassment is
2 18 committed is a peace officer, jailer, correctional staff,
2 19 member of the board of parole, health care provider, or fire
2 20 fighter, is guilty of a class "D" felony.
2 21 3. A person commits harassment in the second degree when
2 22 the person commits harassment involving a threat to commit
2 23 bodily injury, or commits harassment and has previously been
2 24 convicted of harassment two times under this section or any
2 25 similar statute during the preceding ten years.
2 26 Harassment in the second degree is a serious misdemeanor,
2 27 except that a person who commits harassment in the second
2 28 degree against a peace officer, jailer, correctional staff,
2 29 member of the board of parole, health care provider, or fire
2 30 fighter as set forth in section 708.3A, with the knowledge
2 31 that the person against whom the harassment is committed is a
2 32 peace officer, jailer, correctional staff, member of the board
2 33 of parole, health care provider, or fire fighter, is guilty of
2 34 an aggravated misdemeanor.
2 35 4. Any other act of harassment is harassment in the third
3 1 degree. Harassment in the third degree is a simple
3 2 misdemeanor, except that a person who commits harassment in
3 3 the third degree against a peace officer, jailer, correctional
3 4 staff, member of the board of parole, health care provider, or
3 5 fire fighter as set forth in section 708.3A, with the
3 6 knowledge that the person against whom the harassment is
3 7 committed is a peace officer, jailer, correctional staff,
3 8 member of the board of parole, health care provider, or fire
3 9 fighter, is guilty of a serious misdemeanor.
3 10 EXPLANATION
3 11 This bill amends Code section 708.3A relating to an assault
3 12 on a peace officer, jailer, correctional staff, health care
3 13 provider, or fire fighter by adding a member of the board of
3 14 parole to the list of occupations covered under Code section
3 15 708.3A. The effect of the bill is to increase the penalty for
3 16 an assault on a member of the board of parole.
3 17 The bill provides that if a person assaults a member of the
3 18 board of parole with the intent to inflict serious injury or
3 19 uses a dangerous weapon in connection with the assault, that
3 20 person commits a class "D" felony. If a person assaults a
3 21 member of the board of parole and causes bodily injury, that
3 22 person commits an aggravated misdemeanor and if the person
3 23 commits any other type of assault, that person commits a
3 24 serious misdemeanor.
3 25 The bill also amends Code section 708.7 relating to
3 26 harassment by providing that a person who commits harassment
3 27 of a peace officer, jailer, correctional staff, member of the
3 28 board of parole, health care provider, or fire fighter as
3 29 described in Code section 708.3A, with the knowledge that the
3 30 person against whom the harassment is committed is a peace
3 31 officer, jailer, correctional staff, member of the board of
3 32 parole, health care provider, or fire fighter, is subject to
3 33 increased penalties.
3 34 The bill provides that if a person harasses a peace
3 35 officer, jailer, correctional staff, member of the board of
4 1 parole, health care provider, or fire fighter with a threat to
4 2 commit a forcible felony or has previously been convicted of
4 3 harassment three or more times in the preceding 10 years, that
4 4 person commits a class "D" felony. The bill also provides
4 5 that if a person harasses a peace officer, jailer,
4 6 correctional staff, member of the board of parole, health care
4 7 provider, or fire fighter with a threat to commit bodily harm
4 8 and has been convicted of harassment two times during the
4 9 preceding two years, that person commits an aggravated
4 10 misdemeanor. Any other act of harassment against the above-
4 11 named persons is a serious misdemeanor.
4 12 A class "D" felony is punishable by confinement for no more
4 13 than five years and a fine of at least $750 but not more than
4 14 $7,500. An aggravated misdemeanor is punishable by
4 15 confinement for no more than two years and a fine of at least
4 16 $500 but not more than $5,000. A serious misdemeanor is
4 17 punishable by confinement for no more than one year and a fine
4 18 of at least $250 but not more than $1,500.
4 19 LSB 6282HH 79
4 20 av/cf/24
Text: HF02597 Text: HF02599 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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