HF 158 (LSB 1419HV (1) 86)

HOUSE FILE 158

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO HSB 30)

A BILL FOR

An Act enhancing the criminal penalty for an assault on an operator of a motor vehicle providing transit services as part of a public transit system, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 708.3A, Code 2015, is amended to read as follows:
   708.3A  Assaults on persons engaged in certain members of protected occupations.
   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, or fire fighter, whether paid or volunteer member of a protected occupation, 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, or fire fighter and member of a protected occupation, is guilty of the following: 
   a.  If the person commits the assault 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, or fire fighter, is guilty of member of a protected occupation, a class “D” felony.
   2.  b.  A If the person who commits an the 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, 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, or fire fighter and who uses or displays a dangerous weapon in connection with the assault, is guilty of a class “D” felony.
   3.  c.  A If the person who commits an the 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, 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, or fire fighter, and who causes bodily injury or mental illness, is guilty of an aggravated misdemeanor.
   4.  d.  Any If the person commits 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, 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, or fire fighter, is a serious misdemeanor.
   5.  2.  As used in this section, the following definitions apply:
   a.  “Correctional staff” means a person who is not a peace officer but who is employed by the department of corrections or a judicial district department of correctional services to work at or in a correctional institution, community-based correctional facility, or an institution under the management of the Iowa department of corrections which is used for the purposes of confinement of persons who have committed public offenses.
   b.  “Employee of the department of human services” means a person who is an employee of an institution controlled by the director of human services that is listed in section 218.1, or who is an employee of the civil commitment unit for sex offenders operated by the department of human services. A person who commits an assault under this section against an employee of the department of human services at a department of human services institution or unit is presumed to know that the person against whom the assault is committed is an employee of the department of human services.
   c.  “Employee of the department of revenue” means a person who is employed as an auditor, agent, tax collector, or any contractor or representative acting in the same capacity. The employee, contractor, or representative shall maintain current identification indicating that the person is an employee, contractor, or representative of the department.
   d.  “Health care provider” means an emergency medical care provider as defined in chapter 147A or a person licensed or registered under chapter 148, 148C, 148D, or 152 who is providing or who is attempting to provide emergency medical services, as defined in section 147A.1, or who is providing or who is attempting to provide health services as defined in section 135.61 in a hospital. A person who commits an assault under this section against a health care provider in a hospital, or at the scene or during out-of-hospital patient transportation in an ambulance, is presumed to know that the person against whom the assault is committed is a health care provider.
   e.  “Jailer” means a person who is employed by a county or other political subdivision of the state to work at a county jail or other facility used for purposes of the confinement of persons who have committed public offenses, but who is not a peace officer.
   f.  “Member of a protected occupation” means any of the following:
   (1)  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, or fire fighter, whether paid or volunteer.
   (2)  The operator of a motor vehicle providing transit services as part of a public transit system, as defined in section 324A.1, while the operator is engaged in the performance of the operator’s official duties and is clearly identifiable as the operator of a motor vehicle providing transit services as part of a public transit system.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   Current law provides for enhanced criminal penalties for assaults against persons engaged in certain occupations. These occupations include peace officers, jailers, correctional staff, members or employees of the board of parole, health care providers, employees of the department of human services, employees of the department of revenue, and fire fighters, whether paid or volunteer. 
   The bill defines a person engaged in one of these occupations as a member of a protected occupation. The bill further provides that an operator of a motor vehicle providing transit services as part of a public transit system is a member of a protected occupation, but only while the operator is engaged in the performance of the operator’s official duties and is clearly identifiable as the operator of a motor vehicle providing transit services as part of a public transit system. The bill establishes the same enhanced penalties for an assault against an operator of a motor vehicle providing transit services as part of a public transit system that current law establishes for an assault against a member of one of the existing protected occupations.
   The bill provides that if a person assaults an operator of a motor vehicle providing transit services as part of a public transit system with the intent to inflict serious injury or while using or displaying a dangerous weapon, that person commits a class “D” felony. 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 as provided in Code section 902.9. The assault would otherwise be punishable as an aggravated misdemeanor as provided in Code section 708.2. 
   The bill also provides that if a person assaults an operator of a motor vehicle providing transit services as part of a public transit system and causes bodily injury or mental illness, that person commits an aggravated misdemeanor. 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 as provided in Code section 903.1. The assault would otherwise be punishable as a serious misdemeanor as provided in Code section 708.2. 
   The bill further provides that if the person commits any other type of assault against an operator of a motor vehicle providing transit services as part of a public transit system, that person commits a serious misdemeanor. 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 as provided in Code section 903.1. The assault would otherwise be punishable as a simple misdemeanor as provided in Code section 708.2.