HSB 142 (LSB 2095HC (2) 85)

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 public transit bus operator, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 708.3A, subsections 1 through 4, Code 2013, are amended to read as follows:
   1.  A person who commits an assault, as defined in section 708.1, against a peace officer, jailer, correctional staff, member or employee of the board of parole, health care provider, employee of the department of human services, employee of the department of revenue,
 
public transit bus operator, or fire fighter, whether paid or volunteer, with the knowledge that the person against whom the assault is committed is a peace officer, jailer, correctional staff, member or employee of the board of parole, health care provider, employee of the department of human services, employee of the department of revenue,
 
public transit bus operator, or fire fighter and with the intent to inflict a serious injury upon the peace officer, jailer, correctional staff, member or employee of the board of parole, health care provider, employee of the department of human services, employee of the department of revenue,
 
public transit bus operator, or fire fighter, is guilty of a class “D” felony.
   2.  A person who commits an assault, as defined in section 708.1, against a peace officer, jailer, correctional staff, member or employee of the board of parole, health care provider, employee of the department of human services, employee of the department of revenue,
 
public transit bus operator, or fire fighter, whether paid or volunteer, who knows that the person against whom the assault is committed is a peace officer, jailer, correctional staff, member or employee of the board of parole, health care provider, employee of the department of human services, employee of the department of revenue,
 
public transit bus operator, or fire fighter and who uses or displays a dangerous weapon in connection with the assault, is guilty of a class “D” felony.
   3.  A person who commits an assault, as defined in section 708.1, against a peace officer, jailer, correctional staff, member or employee of the board of parole, health care provider, employee of the department of human services, employee of the department of revenue,
 
public transit bus operator, or fire fighter, whether paid or volunteer, who knows that the person against whom the assault is committed is a peace officer, jailer, correctional staff, member or employee of the board of parole, health care provider, employee of the department of human services, employee of the department of revenue,
 
public transit bus operator, or fire fighter, and who causes bodily injury or mental illness, is guilty of an aggravated misdemeanor.
   4.  Any other assault, as defined in section 708.1, committed against a peace officer, jailer, correctional staff, member or employee of the board of parole, health care provider, employee of the department of human services, employee of the department of revenue,
 
public transit bus operator, or fire fighter, whether paid or volunteer, by a person who knows that the person against whom the assault is committed is a peace officer, jailer, correctional staff, member or employee of the board of parole, health care provider, employee of the department of human services, employee of the department of revenue,
 
public transit bus operator, or fire fighter, is a serious misdemeanor.
    Sec. 2.  Section 708.3A, subsection 5, Code 2013, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  f.  “Public transit bus operator” means a person who is operating a bus or other vehicle as part of a public transit system as defined in section 324A.1 at the time of the assault.
EXPLANATION
   This bill enhances the criminal penalty for an assault on a public transit bus operator. The bill adds a public transit bus operator to the list of occupations covered under Code section 708.3A.
   Under the bill, if a person assaults a public transit bus operator with the intent to inflict serious injury or uses a dangerous weapon in connection with the assault, that person commits a class “D” felony. If a person assaults a public transit bus operator and causes bodily injury or mental illness, that person commits an aggravated misdemeanor and if the person commits any other type of assault, that person commits a serious misdemeanor.
   The bill defines “public transit bus operator” to mean a person who is operating a bus or other vehicle as part of a public transit system as defined in Code section 324A.1 at the time of the assault.
   Similar assaults without the enhanced penalties are punishable as provided in Code section 708.2.
   A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $315 but not more than $1,875. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $625 but not more than $6,250. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $750 but not more than $7,500.