House Study Bill 92
SENATE/HOUSE FILE
BY (PROPOSED BOARD OF PAROLE BILL)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the criminal penalties for an assault on
2 members of certain occupations.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 1025DP 80
5 jm/sh/8
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 member or employee of the board of parole, health care
1 19 provider, or fire fighter, whether paid or volunteer, with the
1 20 knowledge that the person against whom the assault is
1 21 committed is a peace officer, jailer, correctional staff,
1 22 member or employee of the board of parole, health care
1 23 provider, or fire fighter and with the intent to inflict a
1 24 serious injury upon the peace officer, jailer, correctional
1 25 staff, member or employee of the board of parole, health care
1 26 provider, or fire fighter, is guilty of a class "D" felony.
1 27 2. A person who commits an assault, as defined in section
1 28 708.1, against a peace officer, jailer, correctional staff,
1 29 member or employee of the board of parole, health care
1 30 provider, or fire fighter, whether paid or volunteer, who
1 31 knows that the person against whom the assault is committed is
1 32 a peace officer, jailer, correctional staff, member or
1 33 employee of the board of parole, health care provider, or fire
1 34 fighter and who uses or displays a dangerous weapon in
1 35 connection with the assault, is guilty of a class "D" felony.
2 1 3. A person who commits an assault, as defined in section
2 2 708.1, against a peace officer, jailer, correctional staff,
2 3 member or employee of the board of parole, health care
2 4 provider, or fire fighter, whether paid or volunteer, who
2 5 knows that the person against whom the assault is committed is
2 6 a peace officer, jailer, correctional staff, member or
2 7 employee of the board of parole, health care provider, or fire
2 8 fighter, and who causes bodily injury or mental illness, is
2 9 guilty of an aggravated misdemeanor.
2 10 4. Any other assault, as defined in section 708.1,
2 11 committed against a peace officer, jailer, correctional staff,
2 12 member or employee of the board of parole, health care
2 13 provider, or fire fighter, whether paid or volunteer, by a
2 14 person who knows that the person against whom the assault is
2 15 committed is a peace officer, jailer, correctional staff,
2 16 member of the board of parole, health care provider, or fire
2 17 fighter, is a serious misdemeanor.
2 18 EXPLANATION
2 19 This bill amends Code section 708.3A relating to an assault
2 20 on a peace officer, jailer, correctional staff, health care
2 21 provider, or fire fighter. The bill adds a "member or
2 22 employee of the board of parole" to the list of occupations
2 23 covered under Code section 708.3A. The bill effectively
2 24 increases the penalty for an assault on a member or employee
2 25 of the board of parole.
2 26 The bill provides that if a person assaults a member or
2 27 employee of the board of parole with the intent to inflict
2 28 serious injury or uses a dangerous weapon in connection with
2 29 the assault, that person commits a class "D" felony. If a
2 30 person assaults a member or employee of the board of parole
2 31 and causes bodily injury, that person commits an aggravated
2 32 misdemeanor and if the person commits any other type of
2 33 assault, that person commits a serious misdemeanor.
2 34 The bill also creates a penalty for an assault that causes
2 35 serious injury to a person who is a member of a listed
3 1 occupation under Code section 708.3A. Under the bill, if a
3 2 person assaults a peace officer, jailer, correctional staff,
3 3 member or employee of the board of parole, health care
3 4 provider, or fire fighter, and causes serious injury, the
3 5 person commits a class "C" felony. Existing law does not
3 6 provide for an enhanced penalty for an assault that causes
3 7 serious injury who is a member of a listed occupation under
3 8 Code section 708.3A.
3 9 A serious misdemeanor is punishable by confinement for no
3 10 more than one year and a fine of at least $250 but not more
3 11 than $1,500. An aggravated misdemeanor is punishable by
3 12 confinement for no more than two years and a fine of at least
3 13 $500 but not more than $5,000. A class "D" felony is
3 14 punishable by confinement for no more than five years and a
3 15 fine of at least $750 but not more than $7,500. A class "C"
3 16 felony is punishable by confinement for no more than 10 years
3 17 and a fine of at least $1,000 but not more than $10,000.
3 18 LSB 1025DP 80
3 19 jm/sh/8
3 20