Text: HF02597 Text: HF02599 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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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