Bill Text: IA HF158 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: 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. (Formerly HSB 30)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2015-04-03 - Referred to Judiciary. H.J. 752. [HF158 Detail]
Download: Iowa-2015-HF158-Introduced.html
House File 158 - Introduced HOUSE FILE BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 30) A BILL FOR 1 An Act enhancing the criminal penalty for an assault on an 2 operator of a motor vehicle providing transit services as 3 part of a public transit system, and providing penalties. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1419HV (1) 86 ns/nh PAG LIN 1 1 Section 1. Section 708.3A, Code 2015, is amended to read as 1 2 follows: 1 3 708.3A Assaults onpersons engaged in certainmembers of 1 4 protected occupations. 1 5 1. A person who commits an assault, as defined in section 1 6 708.1, against apeace officer, jailer, correctional staff, 1 7 member or employee of the board of parole, health care 1 8 provider, employee of the department of human services, 1 9 employee of the department of revenue, or fire fighter, whether 1 10 paid or volunteermember of a protected occupation, with the 1 11 knowledge that the person against whom the assault is committed 1 12 is apeace officer, jailer, correctional staff, member or 1 13 employee of the board of parole, health care provider, employee 1 14 of the department of human services, employee of the department 1 15 of revenue, or fire fighter andmember of a protected 1 16 occupation, is guilty of the following: 1 17 a. If the person commits the assault with the intent to 1 18 inflict a serious injury upon thepeace officer, jailer, 1 19 correctional staff, member or employee of the board of parole, 1 20 health care provider, employee of the department of human 1 21 services, employee of the department of revenue, or fire 1 22 fighter, is guilty ofmember of a protected occupation, a class 1 23 "D" felony. 1 242.b.AIf the person who commitsanthe assault, as 1 25 defined in section 708.1, against a peace officer, jailer, 1 26 correctional staff, member or employee of the board of parole, 1 27 health care provider, employee of the department of human 1 28 services, employee of the department of revenue, or fire 1 29 fighter, whether paid or volunteer, who knows that the person 1 30 against whom the assault is committed is a peace officer, 1 31 jailer, correctional staff, member or employee of the board 1 32 of parole, health care provider, employee of the department 1 33 of human services, employee of the department of revenue, or 1 34 fire fighter and whouses or displays a dangerous weapon in 1 35 connection with the assault,is guilty ofa class "D" felony. 2 13.c.AIf the person who commitsanthe assault, as 2 2 defined in section 708.1, against a peace officer, jailer, 2 3 correctional staff, member or employee of the board of parole, 2 4 health care provider, employee of the department of human 2 5 services, employee of the department of revenue, or fire 2 6 fighter, whether paid or volunteer, who knows that the person 2 7 against whom the assault is committed is a peace officer, 2 8 jailer, correctional staff, member or employee of the board of 2 9 parole, health care provider, employee of the department of 2 10 human services, employee of the department of revenue, or fire 2 11 fighter, and whocauses bodily injury or mental illness,is 2 12 guilty ofan aggravated misdemeanor. 2 134.d.AnyIf the person commits any other assault,as 2 14 defined in section 708.1, committed against a peace officer, 2 15 jailer, correctional staff, member or employee of the board 2 16 of parole, health care provider, employee of the department 2 17 of human services, employee of the department of revenue, or 2 18 fire fighter, whether paid or volunteer, by a person who knows 2 19 that the person against whom the assault is committed is a 2 20 peace officer, jailer, correctional staff, member or employee 2 21 of the board of parole, health care provider, employee of the 2 22 department of human services, employee of the department of 2 23 revenue, or fire fighter, isa serious misdemeanor. 2 245.2. As used in this section, the following definitions 2 25 apply: 2 26 a. "Correctional staff" means a person who is not a peace 2 27 officer but who is employed by the department of corrections 2 28 or a judicial district department of correctional services 2 29 to work at or in a correctional institution, community=based 2 30 correctional facility, or an institution under the management 2 31 of the Iowa department of corrections which is used for the 2 32 purposes of confinement of persons who have committed public 2 33 offenses. 2 34 b. "Employee of the department of human services" means a 2 35 person who is an employee of an institution controlled by the 3 1 director of human services that is listed in section 218.1, 3 2 or who is an employee of the civil commitment unit for sex 3 3 offenders operated by the department of human services. A 3 4 person who commits an assault under this section against an 3 5 employee of the department of human services at a department of 3 6 human services institution or unit is presumed to know that the 3 7 person against whom the assault is committed is an employee of 3 8 the department of human services. 3 9 c. "Employee of the department of revenue" means a person 3 10 who is employed as an auditor, agent, tax collector, or any 3 11 contractor or representative acting in the same capacity. The 3 12 employee, contractor, or representative shall maintain current 3 13 identification indicating that the person is an employee, 3 14 contractor, or representative of the department. 3 15 d. "Health care provider" means an emergency medical care 3 16 provider as defined in chapter 147A or a person licensed 3 17 or registered under chapter 148, 148C, 148D, or 152 who is 3 18 providing or who is attempting to provide emergency medical 3 19 services, as defined in section 147A.1, or who is providing 3 20 or who is attempting to provide health services as defined 3 21 in section 135.61 in a hospital. A person who commits an 3 22 assault under this section against a health care provider in 3 23 a hospital, or at the scene or during out=of=hospital patient 3 24 transportation in an ambulance, is presumed to know that the 3 25 person against whom the assault is committed is a health care 3 26 provider. 3 27 e. "Jailer" means a person who is employed by a county or 3 28 other political subdivision of the state to work at a county 3 29 jail or other facility used for purposes of the confinement of 3 30 persons who have committed public offenses, but who is not a 3 31 peace officer. 3 32 f. "Member of a protected occupation" means any of the 3 33 following: 3 34 (1) A peace officer, jailer, correctional staff, member or 3 35 employee of the board of parole, health care provider, employee 4 1 of the department of human services, employee of the department 4 2 of revenue, or fire fighter, whether paid or volunteer. 4 3 (2) The operator of a motor vehicle providing transit 4 4 services as part of a public transit system, as defined 4 5 in section 324A.1, while the operator is engaged in the 4 6 performance of the operator's official duties and is clearly 4 7 identifiable as the operator of a motor vehicle providing 4 8 transit services as part of a public transit system. 4 9 EXPLANATION 4 10 The inclusion of this explanation does not constitute agreement with 4 11 the explanation's substance by the members of the general assembly. 4 12 Current law provides for enhanced criminal penalties for 4 13 assaults against persons engaged in certain occupations. These 4 14 occupations include peace officers, jailers, correctional 4 15 staff, members or employees of the board of parole, health 4 16 care providers, employees of the department of human services, 4 17 employees of the department of revenue, and fire fighters, 4 18 whether paid or volunteer. 4 19 The bill defines a person engaged in one of these occupations 4 20 as a member of a protected occupation. The bill further 4 21 provides that an operator of a motor vehicle providing transit 4 22 services as part of a public transit system is a member of a 4 23 protected occupation, but only while the operator is engaged 4 24 in the performance of the operator's official duties and 4 25 is clearly identifiable as the operator of a motor vehicle 4 26 providing transit services as part of a public transit system. 4 27 The bill establishes the same enhanced penalties for an assault 4 28 against an operator of a motor vehicle providing transit 4 29 services as part of a public transit system that current law 4 30 establishes for an assault against a member of one of the 4 31 existing protected occupations. 4 32 The bill provides that if a person assaults an operator 4 33 of a motor vehicle providing transit services as part of a 4 34 public transit system with the intent to inflict serious injury 4 35 or while using or displaying a dangerous weapon, that person 5 1 commits a class "D" felony. A class "D" felony is punishable 5 2 by confinement for no more than five years and a fine of 5 3 at least $750 but not more than $7,500 as provided in Code 5 4 section 902.9. The assault would otherwise be punishable as an 5 5 aggravated misdemeanor as provided in Code section 708.2. 5 6 The bill also provides that if a person assaults an operator 5 7 of a motor vehicle providing transit services as part of a 5 8 public transit system and causes bodily injury or mental 5 9 illness, that person commits an aggravated misdemeanor. An 5 10 aggravated misdemeanor is punishable by confinement for no more 5 11 than two years and a fine of at least $625 but not more than 5 12 $6,250 as provided in Code section 903.1. The assault would 5 13 otherwise be punishable as a serious misdemeanor as provided 5 14 in Code section 708.2. 5 15 The bill further provides that if the person commits any 5 16 other type of assault against an operator of a motor vehicle 5 17 providing transit services as part of a public transit 5 18 system, that person commits a serious misdemeanor. A serious 5 19 misdemeanor is punishable by confinement for no more than one 5 20 year and a fine of at least $315 but not more than $1,875 as 5 21 provided in Code section 903.1. The assault would otherwise be 5 22 punishable as a simple misdemeanor as provided in Code section 5 23 708.2. LSB 1419HV (1) 86 ns/nh
