Text: SSB01027 Text: SSB01029 Text: SSB01000 - SSB01099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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 Text: SSB01000 - SSB01099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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