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Senate Study Bill 1028

Bill Text

PAG LIN
  1  1    Section 1.  Section 708.3A, Code 2003, 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 or employee of the board of parole,
  1  6 health care provider, or fire fighter whether paid or
  1  7 volunteer, with the knowledge that the person against whom the
  1  8 assault is committed is a peace officer, jailer, correctional
  1  9 staff, member of the board of parole, health care provider, or
  1 10 fire fighter, and causes serious injury upon the peace
  1 11 officer, jailer, correctional staff, member or employee of the
  1 12 board of parole, health care provider, or fire fighter, is
  1 13 guilty of a class "C" felony.
  1 14    Sec. 2.  Section 708.3A, subsections 1 through 4, Code
  1 15 2003, 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 or employee of the board of parole, health care
  1 22 provider, or fire fighter and with the intent to inflict a
  1 23 serious injury upon the peace officer, jailer, correctional
  1 24 staff, member or employee of the board of parole, health care
  1 25 provider, or fire fighter, is 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 or employee of the board of parole, health care
  1 29 provider, or fire fighter, whether paid or volunteer, who
  1 30 knows that the person against whom the assault is committed is
  1 31 a peace officer, jailer, correctional staff, member or
  1 32 employee of the board of parole, health care provider, or fire
  1 33 fighter and who uses or displays a dangerous weapon in
  1 34 connection with the assault, is guilty 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 or employee of the board of parole, health care
  2  3 provider, or fire fighter, whether paid or volunteer, who
  2  4 knows that the person against whom the assault is committed is
  2  5 a peace officer, jailer, correctional staff, member or
  2  6 employee of the board of parole, health care provider, or fire
  2  7 fighter, and who causes bodily injury or mental illness, is
  2  8 guilty of an aggravated 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 or employee of the board of parole, health care
  2 12 provider, or fire fighter, whether paid or volunteer, by a
  2 13 person who knows that the person against whom the assault is
  2 14 committed is a peace officer, jailer, correctional staff,
  2 15 member of the board of parole, health care provider, or fire
  2 16 fighter, is a serious 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 or
  2 21 employee of the board of parole" to the list of occupations
  2 22 covered under Code section 708.3A.  The bill effectively
  2 23 increases the penalty for an assault on a member or employee
  2 24 of the board of parole.
  2 25    The bill provides that if a person assaults a member or
  2 26 employee of the board of parole with the intent to inflict
  2 27 serious injury or uses a dangerous weapon in connection with
  2 28 the assault, that person commits a class "D" felony.  If a
  2 29 person assaults a member or employee of the board of parole
  2 30 and causes bodily injury, that person commits an aggravated
  2 31 misdemeanor and if the person commits any other type of
  2 32 assault, that person commits a serious misdemeanor.
  2 33    The bill also creates a penalty for an assault that causes
  2 34 serious injury to a person who is a member of a listed
  2 35 occupation under Code section 708.3A.  Under the bill, if a
  3  1 person assaults a peace officer, jailer, correctional staff,
  3  2 member or employee of the board of parole, health care
  3  3 provider, or fire fighter, and causes serious injury, the
  3  4 person commits a class "C" felony.  Existing law does not
  3  5 provide for an enhanced penalty for an assault that causes
  3  6 serious injury who is a member of a listed occupation under
  3  7 Code section 708.3A.
  3  8    A serious misdemeanor is punishable by confinement for no
  3  9 more than one year and a fine of at least $250 but not more
  3 10 than $1,500.  An aggravated misdemeanor is punishable by
  3 11 confinement for no more than two years and a fine of at least
  3 12 $500 but not more than $5,000.  A class "D" felony is
  3 13 punishable by confinement for no more than five years and a
  3 14 fine of at least $750 but not more than $7,500.  A class "C"
  3 15 felony is punishable by confinement for no more than 10 years
  3 16 and a fine of at least $1,000 but not more than $10,000.  
  3 17 LSB 1025DP 80
  3 18 jm/sh/8
  3 19 
     

Text: SSB01027                          Text: SSB01029
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