House File 398 - Introduced



                                       HOUSE FILE       
                                       BY  STRUYK and HUSER


    Passed House, Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act exempting a resident of a state medical institution from
  2    prosecution for the criminal offense of willful injury.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1499YH 82
  5 jm/gg/14

PAG LIN



  1  1    Section 1.  Section 708.4, Code 2007, is amended by adding
  1  2 the following new unnumbered paragraph after subsection 2:
  1  3    NEW UNNUMBERED PARAGRAPH.  A person who is a resident of a
  1  4 state medical institution as defined in section 219.1 shall
  1  5 not be prosecuted under this section.
  1  6                           EXPLANATION
  1  7    This bill relates to the criminal offense of willful
  1  8 injury.  The bill exempts from prosecution a resident of a
  1  9 state medical institution as defined in Code section 219.1, if
  1 10 the resident is alleged to have committed willful injury in
  1 11 violation of Code section 708.4.
  1 12    The Code defines willful injury to mean any person who does
  1 13 an unjustified act which is intended to cause serious injury
  1 14 and the person causes serious injury (class "C" felony) or
  1 15 causes bodily injury (class "D" felony).
  1 16    A class "C" felony is punishable by confinement for no more
  1 17 than 10 years and a fine of at least $1,000 but not more than
  1 18 $10,000.  A class "D" felony is punishable by confinement for
  1 19 no more than five years and a fine of at least $750 but not
  1 20 more than $7,500.
  1 21 LSB 1499YH 82
  1 22 jm:nh/gg/14