Bill Text: IA HSB593 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A study bill for enhancing the penalties for an assault on a transit driver.
Spectrum: Unknown
Status: (N/A - Dead) 2014-02-03 - In Judiciary [HSB593 Detail]
Download: Iowa-2013-HSB593-Introduced.html
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
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_____
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
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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.
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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
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