Senate File 352 - Introduced
SENATE FILE
BY McCOY
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act enhancing the criminal penalty for an assault on a transit
2 employee.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. Section 708.3A, subsections 1 through 4, Code
1 2 2009, are amended to read as follows:
1 3 1. A person who commits an assault, as defined in section
1 4 708.1, against a peace officer, jailer, correctional staff,
1 5 member or employee of the board of parole, health care
1 6 provider, employee of the department of human services,
1 7 employee of the department of revenue, transit employee, or
1 8 fire fighter, whether paid or volunteer, with the knowledge
1 9 that the person against whom the assault is committed is a
1 10 peace officer, jailer, correctional staff, member or employee
1 11 of the board of parole, health care provider, employee of the
1 12 department of human services, employee of the department of
1 13 revenue, transit employee, or fire fighter and with the intent
1 14 to inflict a serious injury upon the peace officer, jailer,
1 15 correctional staff, member or employee of the board of parole,
1 16 health care provider, employee of the department of human
1 17 services, employee of the department of revenue, transit
1 18 employee, or fire fighter, is guilty of a class "D" felony.
1 19 2. A person who commits an assault, as defined in section
1 20 708.1, against a peace officer, jailer, correctional staff,
1 21 member or employee of the board of parole, health care
1 22 provider, employee of the department of human services,
1 23 employee of the department of revenue, transit employee, or
1 24 fire fighter, whether paid or volunteer, who knows that the
1 25 person against whom the assault is committed is a peace
1 26 officer, jailer, correctional staff, member or employee of the
1 27 board of parole, health care provider, employee of the
1 28 department of human services, employee of the department of
1 29 revenue, transit employee, or fire fighter and who uses or
1 30 displays a dangerous weapon in connection with the assault, is
1 31 guilty of a class "D" felony.
1 32 3. A person who commits an assault, as defined in section
1 33 708.1, against a peace officer, jailer, correctional staff,
1 34 member or employee of the board of parole, health care
1 35 provider, employee of the department of human services,
2 1 employee of the department of revenue, transit employee, or
2 2 fire fighter, whether paid or volunteer, who knows that the
2 3 person against whom the assault is committed is a peace
2 4 officer, jailer, correctional staff, member or employee of the
2 5 board of parole, health care provider, employee of the
2 6 department of human services, employee of the department of
2 7 revenue, transit employee, or fire fighter, and who causes
2 8 bodily injury or mental illness, is guilty of an aggravated
2 9 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, employee of the department of human services,
2 14 employee of the department of revenue, transit employee, or
2 15 fire fighter, whether paid or volunteer, by a person who knows
2 16 that the person against whom the assault is committed is a
2 17 peace officer, jailer, correctional staff, member or employee
2 18 of the board of parole, health care provider, employee of the
2 19 department of human services, employee of the department of
2 20 revenue, transit employee, or fire fighter, is a serious
2 21 misdemeanor.
2 22 Sec. 2. Section 708.3A, subsection 5, Code 2009, is
2 23 amended by adding the following new paragraph:
2 24 NEW PARAGRAPH. f. "Transit employee" means a person who
2 25 is employed by a firm, corporation, company, or municipality
2 26 and who operates a bus, trolley car, or other vehicle
2 27 primarily upon the streets and highways over well=defined
2 28 routes for the transportation of passengers.
2 29 EXPLANATION
2 30 This bill enhances the criminal penalty for an assault on a
2 31 transit employee.
2 32 The bill amends Code section 708.3A by adding a "transit
2 33 employee" to the list of occupations covered under Code
2 34 section 708.3A. The bill effectively increases the penalty
2 35 for most assaults knowingly committed against a transit
3 1 employee.
3 2 Under the bill, if a person assaults a transit employee
3 3 with the intent to inflict serious injury or displays a
3 4 dangerous weapon in connection with the assault, the person
3 5 commits a class "D" felony. If a person assaults a transit
3 6 employee and causes bodily injury or mental illness, the
3 7 person commits an aggravated misdemeanor. If the person
3 8 commits a simple assault on a transit employee, the person
3 9 commits a serious misdemeanor.
3 10 The bill defines a transit employee as a person who is
3 11 employed by a firm, corporation, company, or municipality and
3 12 who operates a bus, trolley car, or other vehicle primarily
3 13 upon the streets and highways over well=defined routes for the
3 14 transportation of passengers.
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