Bill Text: IA HF479 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act relating to the definition of assault in the criminal code.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-12-31 - END OF 2011 ACTIONS [HF479 Detail]
Download: Iowa-2011-HF479-Introduced.html
House
File
479
-
Introduced
HOUSE
FILE
479
BY
SWAIM
A
BILL
FOR
An
Act
relating
to
the
definition
of
assault
in
the
criminal
1
code.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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H.F.
479
Section
1.
Section
708.1,
subsection
1,
Code
2011,
is
1
amended
to
read
as
follows:
2
1.
Any
act
which
is
intended
to
cause
pain
or
injury
to,
or
3
which
is
intended
to
result
in
physical
contact
which
will
be
4
insulting
or
offensive
to
another,
coupled
with
the
apparent
5
ability
to
execute
the
act
and
results
in
physical
contact
.
6
EXPLANATION
7
This
bill
relates
to
the
term
“assault”
in
the
criminal
code.
8
The
amendment
to
Code
section
708.1(1)
modifies
“assault”
9
to
mean
any
act
which
is
intended
to
cause
pain
or
injury
to,
10
or
which
is
intended
to
result
in
physical
contact
which
will
11
be
insulting
or
offensive
to
another,
and
results
in
physical
12
contact.
Under
current
law,
“assault”
means
any
act
which
is
13
intended
to
cause
pain
or
injury
to,
or
which
is
intended
to
14
result
in
physical
contact
which
will
be
insulting
or
offensive
15
to
another,
coupled
with
the
apparent
ability
to
execute
the
16
act.
17
The
bill
does
not
modify
the
other
portions
of
the
definition
18
of
“assault”
in
Code
section
708.1.
19
The
modification
of
the
definition
of
“assault”
directly
20
or
indirectly
affects
the
following
criminal
or
juvenile
21
offenses
and
procedures:
domestic
death
review
team
(135.108),
22
dispositional
orders
in
juvenile
court
(232.52),
definition
23
of
domestic
abuse
(236.2),
school
suspension
or
expulsion
24
(282.4),
murder
in
the
first
degree
(707.2),
penalties
for
25
assault
(708.2),
enhanced
penalties
for
domestic
abuse
assault
26
(708.2A),
treatment
of
domestic
abuse
offenders
(708.2B),
27
assault
in
violation
of
individual
rights
(708.2C),
assault
28
while
participating
in
a
felony
(708.3),
assault
on
persons
29
engaged
in
certain
occupations
(708.3A),
inmate
assaults
30
(708.3B),
assault
with
intent
to
commit
sexual
abuse
(709.11),
31
aggravated
theft
(714.3A),
interference
with
official
acts
32
(719.1),
weapons
offenses
(724.26),
required
tests
for
33
infectious
diseases
(905.15),
and
deferred
judgment
eligibility
34
(907.3).
The
term
“assault”
appears
numerous
other
times
35
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H.F.
479
in
the
Code
without
a
direct
reference
to
the
definition
of
1
assault
(708.1).
2
The
bill
affects
the
prosecution
of
a
criminal
offense
where
3
an
“assault”
is
an
element
of
that
criminal
offense
or
a
lesser
4
included
offense
of
a
greater
offense
charged
by
indictment
or
5
information,
e.g.,
willful
injury
(708.4).
6
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