Bill Text: IA HSB30 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A study bill for 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.
Spectrum: Unknown
Status: (Introduced - Dead) 2015-01-28 - Voted - Judiciary. [HSB30 Detail]
Download: Iowa-2015-HSB30-Introduced.html
House
Study
Bill
30
-
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
an
1
operator
of
a
motor
vehicle
providing
transit
services
as
2
part
of
a
public
transit
system,
and
providing
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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_____
Section
1.
Section
708.3A,
Code
2015,
is
amended
to
read
as
1
follows:
2
708.3A
Assaults
on
persons
engaged
in
certain
members
of
3
protected
occupations.
4
1.
A
person
who
commits
an
assault,
as
defined
in
section
5
708.1
,
against
a
peace
officer,
jailer,
correctional
staff,
6
member
or
employee
of
the
board
of
parole,
health
care
7
provider,
employee
of
the
department
of
human
services,
8
employee
of
the
department
of
revenue,
or
fire
fighter,
whether
9
paid
or
volunteer
member
of
a
protected
occupation
,
with
the
10
knowledge
that
the
person
against
whom
the
assault
is
committed
11
is
a
peace
officer,
jailer,
correctional
staff,
member
or
12
employee
of
the
board
of
parole,
health
care
provider,
employee
13
of
the
department
of
human
services,
employee
of
the
department
14
of
revenue,
or
fire
fighter
and
member
of
a
protected
15
occupation,
is
guilty
of
the
following:
16
a.
If
the
person
commits
the
assault
with
the
intent
to
17
inflict
a
serious
injury
upon
the
peace
officer,
jailer,
18
correctional
staff,
member
or
employee
of
the
board
of
parole,
19
health
care
provider,
employee
of
the
department
of
human
20
services,
employee
of
the
department
of
revenue,
or
fire
21
fighter,
is
guilty
of
member
of
a
protected
occupation,
a
class
22
“D”
felony.
23
2.
b.
A
If
the
person
who
commits
an
the
assault
,
as
24
defined
in
section
708.1
,
against
a
peace
officer,
jailer,
25
correctional
staff,
member
or
employee
of
the
board
of
parole,
26
health
care
provider,
employee
of
the
department
of
human
27
services,
employee
of
the
department
of
revenue,
or
fire
28
fighter,
whether
paid
or
volunteer,
who
knows
that
the
person
29
against
whom
the
assault
is
committed
is
a
peace
officer,
30
jailer,
correctional
staff,
member
or
employee
of
the
board
31
of
parole,
health
care
provider,
employee
of
the
department
32
of
human
services,
employee
of
the
department
of
revenue,
or
33
fire
fighter
and
who
uses
or
displays
a
dangerous
weapon
in
34
connection
with
the
assault,
is
guilty
of
a
class
“D”
felony.
35
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3.
c.
A
If
the
person
who
commits
an
the
assault
,
as
1
defined
in
section
708.1
,
against
a
peace
officer,
jailer,
2
correctional
staff,
member
or
employee
of
the
board
of
parole,
3
health
care
provider,
employee
of
the
department
of
human
4
services,
employee
of
the
department
of
revenue,
or
fire
5
fighter,
whether
paid
or
volunteer,
who
knows
that
the
person
6
against
whom
the
assault
is
committed
is
a
peace
officer,
7
jailer,
correctional
staff,
member
or
employee
of
the
board
of
8
parole,
health
care
provider,
employee
of
the
department
of
9
human
services,
employee
of
the
department
of
revenue,
or
fire
10
fighter,
and
who
causes
bodily
injury
or
mental
illness,
is
11
guilty
of
an
aggravated
misdemeanor.
12
4.
d.
Any
If
the
person
commits
any
other
assault,
as
13
defined
in
section
708.1
,
committed
against
a
peace
officer,
14
jailer,
correctional
staff,
member
or
employee
of
the
board
15
of
parole,
health
care
provider,
employee
of
the
department
16
of
human
services,
employee
of
the
department
of
revenue,
or
17
fire
fighter,
whether
paid
or
volunteer,
by
a
person
who
knows
18
that
the
person
against
whom
the
assault
is
committed
is
a
19
peace
officer,
jailer,
correctional
staff,
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
5.
2.
As
used
in
this
section
,
the
following
definitions
24
apply:
25
a.
“Correctional
staff”
means
a
person
who
is
not
a
peace
26
officer
but
who
is
employed
by
the
department
of
corrections
27
or
a
judicial
district
department
of
correctional
services
28
to
work
at
or
in
a
correctional
institution,
community-based
29
correctional
facility,
or
an
institution
under
the
management
30
of
the
Iowa
department
of
corrections
which
is
used
for
the
31
purposes
of
confinement
of
persons
who
have
committed
public
32
offenses.
33
b.
“Employee
of
the
department
of
human
services”
means
a
34
person
who
is
an
employee
of
an
institution
controlled
by
the
35
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director
of
human
services
that
is
listed
in
section
218.1
,
1
or
who
is
an
employee
of
the
civil
commitment
unit
for
sex
2
offenders
operated
by
the
department
of
human
services.
A
3
person
who
commits
an
assault
under
this
section
against
an
4
employee
of
the
department
of
human
services
at
a
department
of
5
human
services
institution
or
unit
is
presumed
to
know
that
the
6
person
against
whom
the
assault
is
committed
is
an
employee
of
7
the
department
of
human
services.
8
c.
“Employee
of
the
department
of
revenue”
means
a
person
9
who
is
employed
as
an
auditor,
agent,
tax
collector,
or
any
10
contractor
or
representative
acting
in
the
same
capacity.
The
11
employee,
contractor,
or
representative
shall
maintain
current
12
identification
indicating
that
the
person
is
an
employee,
13
contractor,
or
representative
of
the
department.
14
d.
“Health
care
provider”
means
an
emergency
medical
care
15
provider
as
defined
in
chapter
147A
or
a
person
licensed
16
or
registered
under
chapter
148
,
148C
,
148D
,
or
152
who
is
17
providing
or
who
is
attempting
to
provide
emergency
medical
18
services,
as
defined
in
section
147A.1
,
or
who
is
providing
19
or
who
is
attempting
to
provide
health
services
as
defined
20
in
section
135.61
in
a
hospital.
A
person
who
commits
an
21
assault
under
this
section
against
a
health
care
provider
in
22
a
hospital,
or
at
the
scene
or
during
out-of-hospital
patient
23
transportation
in
an
ambulance,
is
presumed
to
know
that
the
24
person
against
whom
the
assault
is
committed
is
a
health
care
25
provider.
26
e.
“Jailer”
means
a
person
who
is
employed
by
a
county
or
27
other
political
subdivision
of
the
state
to
work
at
a
county
28
jail
or
other
facility
used
for
purposes
of
the
confinement
of
29
persons
who
have
committed
public
offenses,
but
who
is
not
a
30
peace
officer.
31
f.
“Member
of
a
protected
occupation”
means
any
of
the
32
following:
33
(1)
A
peace
officer,
jailer,
correctional
staff,
member
or
34
employee
of
the
board
of
parole,
health
care
provider,
employee
35
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H.F.
_____
of
the
department
of
human
services,
employee
of
the
department
1
of
revenue,
or
fire
fighter,
whether
paid
or
volunteer.
2
(2)
The
operator
of
a
motor
vehicle
providing
transit
3
services
as
part
of
a
public
transit
system,
as
defined
4
in
section
324A.1,
while
the
operator
is
engaged
in
the
5
performance
of
the
operator’s
official
duties
and
is
clearly
6
identifiable
as
the
operator
of
a
motor
vehicle
providing
7
transit
services
as
part
of
a
public
transit
system.
8
EXPLANATION
9
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
10
the
explanation’s
substance
by
the
members
of
the
general
assembly.
11
Current
law
provides
for
enhanced
criminal
penalties
for
12
assaults
against
persons
engaged
in
certain
occupations.
These
13
occupations
include
peace
officers,
jailers,
correctional
14
staff,
members
or
employees
of
the
board
of
parole,
health
15
care
providers,
employees
of
the
department
of
human
services,
16
employees
of
the
department
of
revenue,
and
fire
fighters,
17
whether
paid
or
volunteer.
18
The
bill
defines
a
person
engaged
in
one
of
these
occupations
19
as
a
member
of
a
protected
occupation.
The
bill
further
20
provides
that
an
operator
of
a
motor
vehicle
providing
transit
21
services
as
part
of
a
public
transit
system
is
a
member
of
a
22
protected
occupation,
but
only
while
the
operator
is
engaged
23
in
the
performance
of
the
operator’s
official
duties
and
24
is
clearly
identifiable
as
the
operator
of
a
motor
vehicle
25
providing
transit
services
as
part
of
a
public
transit
system.
26
The
bill
establishes
the
same
enhanced
penalties
for
an
assault
27
against
an
operator
of
a
motor
vehicle
providing
transit
28
services
as
part
of
a
public
transit
system
that
current
law
29
establishes
for
an
assault
against
a
member
of
one
of
the
30
existing
protected
occupations.
31
The
bill
provides
that
if
a
person
assaults
an
operator
32
of
a
motor
vehicle
providing
transit
services
as
part
of
a
33
public
transit
system
with
the
intent
to
inflict
serious
injury
34
or
while
using
or
displaying
a
dangerous
weapon,
that
person
35
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_____
commits
a
class
“D”
felony.
A
class
“D”
felony
is
punishable
1
by
confinement
for
no
more
than
five
years
and
a
fine
of
2
at
least
$750
but
not
more
than
$7,500
as
provided
in
Code
3
section
902.9.
The
assault
would
otherwise
be
punishable
as
an
4
aggravated
misdemeanor
as
provided
in
Code
section
708.2.
5
The
bill
also
provides
that
if
a
person
assaults
an
operator
6
of
a
motor
vehicle
providing
transit
services
as
part
of
a
7
public
transit
system
and
causes
bodily
injury
or
mental
8
illness,
that
person
commits
an
aggravated
misdemeanor.
An
9
aggravated
misdemeanor
is
punishable
by
confinement
for
no
more
10
than
two
years
and
a
fine
of
at
least
$625
but
not
more
than
11
$6,250
as
provided
in
Code
section
903.1.
The
assault
would
12
otherwise
be
punishable
as
a
serious
misdemeanor
as
provided
13
in
Code
section
708.2.
14
The
bill
further
provides
that
if
the
person
commits
any
15
other
type
of
assault
against
an
operator
of
a
motor
vehicle
16
providing
transit
services
as
part
of
a
public
transit
17
system,
that
person
commits
a
serious
misdemeanor.
A
serious
18
misdemeanor
is
punishable
by
confinement
for
no
more
than
one
19
year
and
a
fine
of
at
least
$315
but
not
more
than
$1,875
as
20
provided
in
Code
section
903.1.
The
assault
would
otherwise
be
21
punishable
as
a
simple
misdemeanor
as
provided
in
Code
section
22
708.2.
23
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