SSB 3165 (LSB 5214IC (2) 83)

SENATE/HOUSE FILE _____

BY  (PROPOSED CRIMINAL CODE REORGANIZATION STUDY COMMITTEE BILL)

A BILL FOR

An Act relating to an assault causing serious injury.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 702.11, subsection 2, Code 2009, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  f.  Assault in violation of section 708.2, subsection 4.
    Sec. 2.  Section 708.2, subsection 4, Code 2009, is amended to read as follows:
   4.  A person who commits an assault, as defined in section 708.1, and without the intent to inflict serious injury, but who causes serious injury, is guilty of a class “D” felony.
EXPLANATION
   This bill modifies provisions related to an assault causing serious injury.
   The bill provides that a person who commits an assault without the intent to inflict serious injury, but who causes serious injury, commits a class “D” felony. The bill exempts the modified assault provision from the definition of forcible felony under Code section 702.11. By exempting the modified assault provision from the definition of forcible felony, a person convicted of such an offense is eligible to receive a deferred judgment, or a suspended or deferred sentence under Code section 907.3.
   The bill does not modify related criminal offense provisions for unjustified acts intended to cause serious injury under Code sections 708.2 and 708.4.