House Study Bill 641 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED CRIMINAL CODE REORGANIZATION STUDY COMMITTEE BILL) A BILL FOR An Act relating to an assault causing serious injury. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 5214IC (2) 83 jm/rj

S.F. _____ H.F. _____ Section 1. Section 702.11, subsection 2, Code 2009, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . f. Assault in violation of section 708.2, 3 subsection 4. 4 Sec. 2. Section 708.2, subsection 4, Code 2009, is amended 5 to read as follows: 6 4. A person who commits an assault, as defined in section 7 708.1, and without the intent to inflict serious injury, 8 but who causes serious injury, is guilty of a class “D” felony. 9 EXPLANATION 10 This bill modifies provisions related to an assault causing 11 serious injury. 12 The bill provides that a person who commits an assault 13 without the intent to inflict serious injury, but who causes 14 serious injury, commits a class “D” felony. The bill exempts 15 the modified assault provision from the definition of forcible 16 felony under Code section 702.11. By exempting the modified 17 assault provision from the definition of forcible felony, a 18 person convicted of such an offense is eligible to receive a 19 deferred judgment, or a suspended or deferred sentence under 20 Code section 907.3. 21 The bill does not modify related criminal offense provisions 22 for unjustified acts intended to cause serious injury under 23 Code sections 708.2 and 708.4. 24 -1- LSB 5214IC (2) 83 jm/rj 1/ 1