House Study Bill 593 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON BALTIMORE) A BILL FOR An Act enhancing the penalties for an assault on a transit 1 driver. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5430YC (2) 85 jm/rj

H.F. _____ Section 1. Section 708.3A, subsections 1, 2, 3, and 4, Code 1 2014, are amended to read as follows: 2 1. A person who commits an assault, as defined in section 3 708.1 , against with the intent to inflict serious injury 4 upon a peace officer, jailer, correctional staff, transit 5 driver, member or employee of the board of parole, health 6 care provider, employee of the department of human services, 7 employee of the department of revenue, or fire fighter, whether 8 paid or volunteer, with the knowledge that the person against 9 whom the assault is committed is a peace officer, jailer, 10 correctional staff, transit driver, member or employee of 11 the board of parole, health care provider, employee of the 12 department of human services, employee of the department of 13 revenue, or fire fighter and with the intent to inflict a 14 serious injury upon the peace officer, jailer, correctional 15 staff, member or employee of the board of parole, health 16 care provider, employee of the department of human services, 17 employee of the department of revenue, 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 , and who uses or displays a dangerous weapon in 21 connection with the assault, against a peace officer, jailer, 22 correctional staff, transit driver, member or employee of 23 the board of parole, health care provider, employee of the 24 department of human services, employee of the department of 25 revenue, or fire fighter, whether paid or volunteer, who 26 knows that the person against whom the assault is committed 27 is a peace officer, jailer, correctional staff, transit 28 driver, member or employee of the board of parole, health 29 care provider, employee of the department of human services, 30 employee of the department of revenue, or fire fighter and who 31 uses or displays a dangerous weapon in connection with the 32 assault , is guilty of a class “D” felony. 33 3. A person who commits an assault, as defined in section 34 708.1 , and who causes bodily injury or mental illness in 35 -1- LSB 5430YC (2) 85 jm/rj 1/ 3

H.F. _____ connection with the assault, against a peace officer, jailer, 1 correctional staff, transit driver, member or employee of 2 the board of parole, health care provider, employee of the 3 department of human services, employee of the department of 4 revenue, or fire fighter, whether paid or volunteer, who 5 knows that the person against whom the assault is committed 6 is a peace officer, jailer, correctional staff, transit 7 driver, member or employee of the board of parole, health 8 care provider, employee of the department of human services, 9 employee of the department of revenue, or fire fighter , and 10 who causes bodily injury or mental illness , is guilty of an 11 aggravated misdemeanor. 12 4. Any other assault, as defined in section 708.1 , committed 13 against a peace officer, jailer, correctional staff, transit 14 driver, member or employee of the board of parole, health 15 care provider, employee of the department of human services, 16 employee of the department of revenue, or fire fighter, whether 17 paid or volunteer, by a person who knows that the person 18 against whom the assault is committed is a peace officer, 19 jailer, correctional staff, transit driver, member or employee 20 of the board of parole, health care provider, employee of the 21 department of human services, employee of the department of 22 revenue, or fire fighter, is a serious misdemeanor. 23 Sec. 2. Section 708.3A, Code 2014, is amended by adding the 24 following new subsection: 25 NEW SUBSECTION . 4A. A person who commits an assault under 26 this section against a transit driver is presumed to know that 27 the person against whom the assault is committed is a transit 28 driver if the transit driver is clearly identifiable as engaged 29 in the performance of duties of a transit driver. 30 Sec. 3. Section 708.3A, subsection 5, Code 2014, is amended 31 by adding the following new paragraph: 32 NEW PARAGRAPH . f. “Transit driver” means a driver of a 33 vehicle operated by a public transit system, as defined in 34 section 324A.1. 35 -2- LSB 5430YC (2) 85 jm/rj 2/ 3

H.F. _____ EXPLANATION 1 The inclusion of this explanation does not constitute agreement with 2 the explanation’s substance by the members of the general assembly. 3 This bill enhances the criminal penalty for an assault on 4 a transit driver by adding a transit driver to the list of 5 occupations covered under Code section 708.3A. 6 Under the bill, if a person assaults a transit driver with 7 the intent to inflict serious injury or uses a dangerous 8 weapon in connection with the assault, that person commits a 9 class “D” felony. If a person assaults a transit driver and 10 causes bodily injury or mental illness, that person commits 11 an aggravated misdemeanor and if the person commits any other 12 type of assault against a transit driver, that person commits 13 a serious misdemeanor. 14 The bill defines “transit driver” to mean a driver of a 15 vehicle operated by a public transit system as defined in Code 16 section 324A.1. 17 Similar assaults without the enhanced penalties are 18 punishable as provided in Code section 708.2. 19 A serious misdemeanor is punishable by confinement for no 20 more than one year and a fine of at least $315 but not more than 21 $1,875. An aggravated misdemeanor is punishable by confinement 22 for no more than two years and a fine of at least $625 but 23 not more than $6,250. A class “D” felony is punishable by 24 confinement for no more than five years and a fine of at least 25 $750 but not more than $7,500. 26 -3- LSB 5430YC (2) 85 jm/rj 3/ 3