Bill Text: MO HB1519 | 2010 | Regular Session | Engrossed
Bill Title: Changes the laws regarding assault and tampering crimes against public workers and judicial officers
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2010-03-25 - Public Hearing Scheduled (S) - MONDAY, MARCH 29, 2010, UPON ADJOURNMENT, SENATE LOUNGE [HB1519 Detail]
Download: Missouri-2010-HB1519-Engrossed.html
SECOND REGULAR SESSION
[PERFECTED]
95TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES HOSKINS (80) (Sponsor) AND PACE (Co-sponsor).
3607L.01P D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To repeal sections 565.081, 565.082, 565.083, and 565.084, RSMo, and to enact in lieu thereof four new sections relating to assault of a transit operator, an employee of a mass transit system, a law enforcement officer, a corrections officer, emergency personnel, a highway worker in a construction zone or work zone, or a probation and parole officer, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 565.081, 565.082, 565.083, and 565.084, RSMo, are repealed and four new sections enacted in lieu thereof, to be known as sections 565.081, 565.082, 565.083, and 565.084, to read as follows:
565.081. 1. A person commits the crime of assault of a transit operator, an employee of a mass transit system, a law enforcement officer, a corrections officer, emergency personnel, a highway worker in a construction zone or work zone, or a probation and parole officer in the first degree if such person attempts to kill or knowingly causes or attempts to cause serious physical injury to a transit operator who is on duty or in operation of their official vehicle at the time the assault occurs, an employee of a mass transit system who is on duty or in operation of their official vehicle at the time the assault occurs, a law enforcement officer, a corrections officer, emergency personnel, a highway worker in a construction zone or work zone, or a probation and parole officer.
2. As used in this section, "emergency personnel" means any paid or volunteer firefighter, emergency room or trauma center personnel, or emergency medical technician as defined in subdivisions (15), (16), (17), and (18) of section 190.100[, RSMo].
3. As used in this section the term "corrections officer" includes any jailer or corrections officer of the state or any political subdivision of the state.
4. When used in this section, the terms "highway worker", "construction zone", or "work zone" shall have the same meaning as such terms are defined in section 304.580[, RSMo].
5. Assault of a transit operator, an employee of a mass transit system, a law enforcement officer, a corrections officer, emergency personnel, a highway worker in a construction zone or work zone, or a probation and parole officer in the first degree is a class A felony.
565.082. 1. A person commits the crime of assault of a transit operator, an employee of a mass transit system, a law enforcement officer, a corrections officer, emergency personnel, a highway worker in a construction zone or work zone, or a probation and parole officer in the second degree if such person:
(1) Knowingly causes or attempts to cause physical injury to a transit operator who is on duty or in operation of their official vehicle at the time the assault occurs, an employee of a mass transit system who is on duty or in operation of their official vehicle at the time the assault occurs, a law enforcement officer, a corrections officer, emergency personnel, or a probation and parole officer by means of a deadly weapon or dangerous instrument;
(2) Knowingly causes or attempts to cause physical injury to a transit operator who is on duty or in operation of their official vehicle at the time the assault occurs, an employee of a mass transit system who is on duty or in operation of their official vehicle at the time the assault occurs, a law enforcement officer, a corrections officer, emergency personnel, a highway worker in a construction zone or work zone, or a probation and parole officer by means other than a deadly weapon or dangerous instrument;
(3) Recklessly causes serious physical injury to a transit operator who is on duty or in operation of their official vehicle at the time the assault occurs, an employee of a mass transit system who is on duty or in operation of their official vehicle at the time the assault occurs, a law enforcement officer, a corrections officer, emergency personnel, a highway worker in a construction zone or work zone, or a probation and parole officer; or
(4) While in an intoxicated condition or under the influence of controlled substances or drugs, operates a motor vehicle or vessel in this state and when so operating, acts with criminal negligence to cause physical injury to a transit operator who is on duty or in operation of their official vehicle at the time the assault occurs, an employee of a mass transit system who is on duty or in operation of their official vehicle at the time the assault occurs, a law enforcement officer, a corrections officer, emergency personnel, a highway worker in a construction zone or work zone, or a probation and parole officer;
(5) Acts with criminal negligence to cause physical injury to a transit operator who is on duty or in operation of their official vehicle at the time the assault occurs, an employee of a mass transit system who is on duty or in operation of their official vehicle at the time the assault occurs, a law enforcement officer, a corrections officer, emergency personnel, a highway worker in a construction zone or work zone, or a probation and parole officer by means of a deadly weapon or dangerous instrument;
(6) Purposely or recklessly places a transit operator who is on duty or in operation of their official vehicle at the time the assault occurs, an employee of a mass transit system who is on duty or in operation of their official vehicle at the time the assault occurs, a law enforcement officer, a corrections officer, emergency personnel, a highway worker in a construction zone or work zone, or a probation and parole officer in apprehension of immediate serious physical injury; or
(7) Acts with criminal negligence to create a substantial risk of death or serious physical injury to a transit operator who is on duty or in operation of their official vehicle at the time the assault occurs, an employee of a mass transit system who is on duty or in operation of their official vehicle at the time the assault occurs, a law enforcement officer, a corrections officer, emergency personnel, a highway worker in a construction zone or work zone, or a probation and parole officer.
2. As used in this section, "emergency personnel" means any paid or volunteer firefighter, emergency room or trauma center personnel, or emergency medical technician as defined in subdivisions (15), (16), (17), and (18) of section 190.100[, RSMo].
3. As used in this section the term "corrections officer" includes any jailer or corrections officer of the state or any political subdivision of the state.
4. When used in this section, the terms "highway worker", "construction zone", or "work zone" shall have the same meaning as such terms are defined in section 304.580[, RSMo].
5. Assault of a transit operator, an employee of a mass transit system, a law enforcement officer, a corrections officer, emergency personnel, a highway worker in a construction zone or work zone, or a probation and parole officer in the second degree is a class B felony unless committed pursuant to subdivision (2), (5), (6), or (7) of subsection 1 of this section in which case it is a class C felony. For any violation of subdivision (1), (3), or (4) of subsection 1 of this section, the defendant must serve mandatory jail time as part of his or her sentence.
565.083. 1. A person commits the crime of assault of a transit operator, an employee of a mass transit system, a law enforcement officer, a corrections officer, emergency personnel, a highway worker in a construction zone or work zone, or a probation and parole officer in the third degree if:
(1) Such person recklessly causes physical injury to a transit operator who is on duty or in operation of their official vehicle at the time the assault occurs, an employee of a mass transit system who is on duty or in operation of their official vehicle at the time the assault occurs, a law enforcement officer, a corrections officer, emergency personnel, a highway worker in a construction zone or work zone, or a probation and parole officer;
(2) Such person purposely places a transit operator who is on duty or in operation of their official vehicle at the time the assault occurs, an employee of a mass transit system who is on duty or in operation of their official vehicle at the time the assault occurs, a law enforcement officer, a corrections officer, emergency personnel, a highway worker in a construction zone or work zone, or a probation and parole officer in apprehension of immediate physical injury;
(3) Such person knowingly causes or attempts to cause physical contact with a transit operator who is on duty or in operation of their official vehicle at the time the assault occurs, an employee of a mass transit system who is on duty or in operation of their official vehicle at the time the assault occurs, a law enforcement officer, a corrections officer, emergency personnel, a highway worker in a construction zone or work zone, or a probation and parole officer without the consent of the transit operator, the employee of a mass transit system, the law enforcement officer, the corrections officer, emergency personnel, the highway worker in a construction zone or work zone, or the probation and parole officer.
2. As used in this section, "emergency personnel" means any paid or volunteer firefighter, emergency room or trauma center personnel, or emergency medical technician as defined in subdivisions (15), (16), (17), and (18) of section 190.100[, RSMo].
3. As used in this section the term "corrections officer" includes any jailer or corrections officer of the state or any political subdivision of the state.
4. When used in this section, the terms "highway worker", "construction zone", or "work zone" shall have the same meaning as such terms are defined in section 304.580[, RSMo].
5. Assault of a transit operator, an employee of a mass transit system, a law enforcement officer, a corrections officer, emergency personnel, a highway worker in a construction zone or work zone, or a probation and parole officer in the third degree is a class A misdemeanor.
565.084. 1. A person commits the crime of tampering with a judicial officer if, with the purpose to harass, intimidate or influence a judicial officer in the performance of such officer's official duties, such person:
(1) Threatens or causes harm to such judicial officer or members of such judicial officer's family;
(2) Uses force, threats, or deception against or toward such judicial officer or members of such judicial officer's family;
(3) Offers, conveys or agrees to convey any benefit direct or indirect upon such judicial officer or such judicial officer's family;
(4) Engages in conduct reasonably calculated to harass or alarm such judicial officer or such judicial officer's family, including stalking pursuant to section 565.225.
2. A judicial officer for purposes of this section shall be a judge, arbitrator, special master, juvenile officer, deputy juvenile officer, juvenile court commissioner, state prosecuting or circuit attorney, state assistant prosecuting or circuit attorney, drug court commissioner-judge, family court commissioner-judge, administrative law judge, [juvenile court commissioner,] state probation or parole officer, or referee.
3. A judicial officer's family for purposes of this section shall be:
(1) Such officer's spouse; or
(2) Such officer or such officer's spouse's ancestor or descendant by blood or adoption; or
(3) Such officer's stepchild, while the marriage creating that relationship exists.
4. Tampering with a judicial officer is a class C felony.
•
