House Study Bill 142 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON BALTIMORE) A BILL FOR An Act enhancing the criminal penalty for an assault on a 1 public transit bus operator, and providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2095HC (2) 85 jm/nh

H.F. _____ Section 1. Section 708.3A, subsections 1 through 4, Code 1 2013, are amended to read as follows: 2 1. A person who commits an assault, as defined in section 3 708.1 , against a peace officer, jailer, correctional staff, 4 member or employee of the board of parole, health care 5 provider, employee of the department of human services, 6 employee of the department of revenue, public transit bus 7 operator, or fire fighter, whether paid or volunteer, with the 8 knowledge that the person against whom the assault is committed 9 is a peace officer, jailer, correctional staff, member or 10 employee of the board of parole, health care provider, employee 11 of the department of human services, employee of the department 12 of revenue, public transit bus operator, or fire fighter and 13 with the intent to inflict a serious injury upon the peace 14 officer, jailer, correctional staff, member or employee of 15 the board of parole, health care provider, employee of the 16 department of human services, employee of the department of 17 revenue, public transit bus operator, or fire fighter, is 18 guilty of a class “D” felony. 19 2. A person who commits an assault, as defined in section 20 708.1 , against a peace officer, jailer, correctional staff, 21 member or employee of the board of parole, health care 22 provider, employee of the department of human services, 23 employee of the department of revenue, public transit bus 24 operator, or fire fighter, whether paid or volunteer, who knows 25 that the person against whom the assault is committed is a 26 peace officer, jailer, correctional staff, member or employee 27 of the board of parole, health care provider, employee of the 28 department of human services, employee of the department of 29 revenue, public transit bus operator, or fire fighter and who 30 uses or displays a dangerous weapon in connection with the 31 assault, is guilty of a class “D” felony. 32 3. A person who commits an assault, as defined in section 33 708.1 , against a peace officer, jailer, correctional staff, 34 member or employee of the board of parole, health care 35 -1- LSB 2095HC (2) 85 jm/nh 1/ 3

H.F. _____ provider, employee of the department of human services, 1 employee of the department of revenue, public transit bus 2 operator, or fire fighter, whether paid or volunteer, who knows 3 that the person against whom the assault is committed is a 4 peace officer, jailer, correctional staff, member or employee 5 of the board of parole, health care provider, employee of the 6 department of human services, employee of the department of 7 revenue, public transit bus operator, or fire fighter, and 8 who causes bodily injury or mental illness, is guilty of an 9 aggravated misdemeanor. 10 4. Any other assault, as defined in section 708.1 , committed 11 against a peace officer, jailer, correctional staff, member 12 or employee of the board of parole, health care provider, 13 employee of the department of human services, employee of the 14 department of revenue, public transit bus operator, or fire 15 fighter, whether paid or volunteer, by a person who knows that 16 the person against whom the assault is committed is a peace 17 officer, jailer, correctional staff, member or employee of 18 the board of parole, health care provider, employee of the 19 department of human services, employee of the department of 20 revenue, public transit bus operator, or fire fighter, is a 21 serious misdemeanor. 22 Sec. 2. Section 708.3A, subsection 5, Code 2013, is amended 23 by adding the following new paragraph: 24 NEW PARAGRAPH . f. “Public transit bus operator ” means a 25 person who is operating a bus or other vehicle as part of a 26 public transit system as defined in section 324A.1 at the time 27 of the assault. 28 EXPLANATION 29 This bill enhances the criminal penalty for an assault on a 30 public transit bus operator. The bill adds a public transit 31 bus operator to the list of occupations covered under Code 32 section 708.3A. 33 Under the bill, if a person assaults a public transit bus 34 operator with the intent to inflict serious injury or uses a 35 -2- LSB 2095HC (2) 85 jm/nh 2/ 3

H.F. _____ dangerous weapon in connection with the assault, that person 1 commits a class “D” felony. If a person assaults a public 2 transit bus operator and causes bodily injury or mental 3 illness, that person commits an aggravated misdemeanor and 4 if the person commits any other type of assault, that person 5 commits a serious misdemeanor. 6 The bill defines “public transit bus operator” to mean a 7 person who is operating a bus or other vehicle as part of a 8 public transit system as defined in Code section 324A.1 at the 9 time of the assault. 10 Similar assaults without the enhanced penalties are 11 punishable as provided in Code section 708.2. 12 A serious misdemeanor is punishable by confinement for no 13 more than one year and a fine of at least $315 but not more than 14 $1,875. An aggravated misdemeanor is punishable by confinement 15 for no more than two years and a fine of at least $625 but 16 not more than $6,250. A class “D” felony is punishable by 17 confinement for no more than five years and a fine of at least 18 $750 but not more than $7,500. 19 -3- LSB 2095HC (2) 85 jm/nh 3/ 3