Bill Text: IA SSB1149 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A study bill for an act enhancing the criminal penalty for an assault on a public transit bus operator, and providing penalties.
Spectrum: Unknown
Status: (N/A - Dead) 2013-02-26 - Judiciary: Petersen Chair,Dvorsky, and Zaun. [SSB1149 Detail]
Download: Iowa-2013-SSB1149-Introduced.html
Senate
Study
Bill
1149
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
HOGG)
A
BILL
FOR
An
Act
enhancing
the
criminal
penalty
for
an
assault
on
a
1
public
transit
bus
operator,
and
providing
penalties.
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
through
4,
Code
1
2013,
are
amended
to
read
as
follows:
2
1.
A
person
who
commits
an
assault,
as
defined
in
section
3
708.1
,
against
a
peace
officer,
jailer,
correctional
staff,
4
member
or
employee
of
the
board
of
parole,
health
care
5
provider,
employee
of
the
department
of
human
services,
6
employee
of
the
department
of
revenue,
public
transit
bus
7
operator,
or
fire
fighter,
whether
paid
or
volunteer,
with
the
8
knowledge
that
the
person
against
whom
the
assault
is
committed
9
is
a
peace
officer,
jailer,
correctional
staff,
member
or
10
employee
of
the
board
of
parole,
health
care
provider,
employee
11
of
the
department
of
human
services,
employee
of
the
department
12
of
revenue,
public
transit
bus
operator,
or
fire
fighter
and
13
with
the
intent
to
inflict
a
serious
injury
upon
the
peace
14
officer,
jailer,
correctional
staff,
member
or
employee
of
15
the
board
of
parole,
health
care
provider,
employee
of
the
16
department
of
human
services,
employee
of
the
department
of
17
revenue,
public
transit
bus
operator,
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
,
against
a
peace
officer,
jailer,
correctional
staff,
21
member
or
employee
of
the
board
of
parole,
health
care
22
provider,
employee
of
the
department
of
human
services,
23
employee
of
the
department
of
revenue,
public
transit
bus
24
operator,
or
fire
fighter,
whether
paid
or
volunteer,
who
knows
25
that
the
person
against
whom
the
assault
is
committed
is
a
26
peace
officer,
jailer,
correctional
staff,
member
or
employee
27
of
the
board
of
parole,
health
care
provider,
employee
of
the
28
department
of
human
services,
employee
of
the
department
of
29
revenue,
public
transit
bus
operator,
or
fire
fighter
and
who
30
uses
or
displays
a
dangerous
weapon
in
connection
with
the
31
assault,
is
guilty
of
a
class
“D”
felony.
32
3.
A
person
who
commits
an
assault,
as
defined
in
section
33
708.1
,
against
a
peace
officer,
jailer,
correctional
staff,
34
member
or
employee
of
the
board
of
parole,
health
care
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provider,
employee
of
the
department
of
human
services,
1
employee
of
the
department
of
revenue,
public
transit
bus
2
operator,
or
fire
fighter,
whether
paid
or
volunteer,
who
knows
3
that
the
person
against
whom
the
assault
is
committed
is
a
4
peace
officer,
jailer,
correctional
staff,
member
or
employee
5
of
the
board
of
parole,
health
care
provider,
employee
of
the
6
department
of
human
services,
employee
of
the
department
of
7
revenue,
public
transit
bus
operator,
or
fire
fighter,
and
8
who
causes
bodily
injury
or
mental
illness,
is
guilty
of
an
9
aggravated
misdemeanor.
10
4.
Any
other
assault,
as
defined
in
section
708.1
,
committed
11
against
a
peace
officer,
jailer,
correctional
staff,
member
12
or
employee
of
the
board
of
parole,
health
care
provider,
13
employee
of
the
department
of
human
services,
employee
of
the
14
department
of
revenue,
public
transit
bus
operator,
or
fire
15
fighter,
whether
paid
or
volunteer,
by
a
person
who
knows
that
16
the
person
against
whom
the
assault
is
committed
is
a
peace
17
officer,
jailer,
correctional
staff,
member
or
employee
of
18
the
board
of
parole,
health
care
provider,
employee
of
the
19
department
of
human
services,
employee
of
the
department
of
20
revenue,
public
transit
bus
operator,
or
fire
fighter,
is
a
21
serious
misdemeanor.
22
Sec.
2.
Section
708.3A,
subsection
5,
Code
2013,
is
amended
23
by
adding
the
following
new
paragraph:
24
NEW
PARAGRAPH
.
f.
“Public
transit
bus
operator
”
means
a
25
person
who
is
operating
a
bus
or
other
vehicle
as
part
of
a
26
public
transit
system
as
defined
in
section
324A.1
at
the
time
27
of
the
assault.
28
EXPLANATION
29
This
bill
enhances
the
criminal
penalty
for
an
assault
on
a
30
public
transit
bus
operator.
The
bill
adds
a
public
transit
31
bus
operator
to
the
list
of
occupations
covered
under
Code
32
section
708.3A.
33
Under
the
bill,
if
a
person
assaults
a
public
transit
bus
34
operator
with
the
intent
to
inflict
serious
injury
or
uses
a
35
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_____
dangerous
weapon
in
connection
with
the
assault,
that
person
1
commits
a
class
“D”
felony.
If
a
person
assaults
a
public
2
transit
bus
operator
and
causes
bodily
injury
or
mental
3
illness,
that
person
commits
an
aggravated
misdemeanor
and
4
if
the
person
commits
any
other
type
of
assault,
that
person
5
commits
a
serious
misdemeanor.
6
The
bill
defines
“public
transit
bus
operator”
to
mean
a
7
person
who
is
operating
a
bus
or
other
vehicle
as
part
of
a
8
public
transit
system
as
defined
in
Code
section
324A.1
at
the
9
time
of
the
assault.
10
Similar
assaults
without
the
enhanced
penalties
are
11
punishable
as
provided
in
Code
section
708.2.
12
A
serious
misdemeanor
is
punishable
by
confinement
for
no
13
more
than
one
year
and
a
fine
of
at
least
$315
but
not
more
than
14
$1,875.
An
aggravated
misdemeanor
is
punishable
by
confinement
15
for
no
more
than
two
years
and
a
fine
of
at
least
$625
but
16
not
more
than
$6,250.
A
class
“D”
felony
is
punishable
by
17
confinement
for
no
more
than
five
years
and
a
fine
of
at
least
18
$750
but
not
more
than
$7,500.
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