General Assembly: 76 (1996 Regular GA) - Chapter 1069 - Assaults against health care providers


Published: 1996-04-08

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CH. 1069 lAWS OF THE SEVENlY-SIXTH GA., 1996 SESSION

CHAPTER 1069 ASSAULTS AGAINST HEALTH CARE PROVIOERS

S.F.2167

164

AN ACT relating to prohibiting the assault of a health care provider and providing penalties.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 708.3A, Code Supplement 1995, is amended to read as follows: 708.3A ASSAULTS ON PEACE OFFICERS, FIRE FIGHTERS, ANO EMERGENCY

HEALTH CARE PROVIOERS. 1. A person who commits an assault, as defined in section 708.1, against a peace of-

ficer, basie emeFgeBey meeieal health care provider HBeeF ehafJteF 147, aB aw,raBeee emeF geBey meeieal eaFe fJFevieeF tmeeF ehafJteF 147A, or fire fighter, whether paid or volun- teer, with the knowledge that the person against whom the assault is committed is a peace officer, basie emeFgeBey medieal health care provider HBeeF ehafJteF 147, aB aw.raBeee emeFgeBey meeieal eaFe fJFe1JieeF lHleeF ehafJteF 147A., or fire fighter and with the intent to inflict a serious injury upon the peace officer, basie emeFgeBey medieal health care provider HBeeF ehafJteF 147, aB aw.raBeee emeFgeBey medieal eaFe fJFevieeF lHleeF ehaIJteF .J.47A, or fire fighter, is guilty of a class "0" felony.

2. A person who commits an assault, as defined in section 708.1, against a peace of- ficer, basie emeFgeBey medieal health care provider HBeeF ehaIJteF 147, aB aw.raBeee emeF geBey meeieal eare fJFelJieeF HBeeF ehaIJteF 147A; or fire fighter, whether paid or volun- teer, who knows that the person against whom the assault is committed is a peace officer, basie emeFgeBey medieal health care provider HBeeF ehafJteF 147, aB aw.raBeee emeFgeBey medieal eaFe fJFevieeF HBeeF ehafJteF 147A, or fire fighter and who uses or displays a dangerous weapon in connection with the assault, is guilty of a class "0" felony.

3. A person who commits an assault, as defined in section 708.1, against a peace of- ficer, basie emeFgeBey medieal health care provider HBeeF ehafJteF 147, aB aw"aBeee emeF geBey meeieal eaFe fJFevieeF HBeeF ehafJteF 147A, or fire fighter, whether paid or volun- teer, who knows that the person against whom the assault is committed is a peace officer, basie emeFgeBey medieal health care provider lHleeF ehafJteF 147, aB aw.TaBeee emeFgeBey medieal eaFe fJFevieeF WleeF ehafJteF 147A., or fire fighter, and who causes bodily injury or disabling mental illness, is guilty of an aggravated misdemeanor.

4. Any other assault, as defined in section 708.1, committed against a peace officer, basie emeFgeBey medieal health care provider HBeeF ehafJteF 147, aB aw.raBeee emeFgeBey meeieal eaFe fJFevieeF HBeeF ehafJteF 147A, or fire fighter, whether paid or volunteer, by a person who knows that the person against whom the assault is committed is a peace of- ficer, basie emeFgeBey meeieal health care provider HBeeF ehafJteF 147, aB aevaBeee emeF geBey meeieal eaFe fJFevieeF HBeeF ehafJteF 147A, or fire fighter, is a serious misdemeanor.

5. As used in this section, "health care provider" means an emergen£Y medical care provider as defined in chapter 147A or a person licensed or registered under chapter 148, 148C, 1480, 150, 150A, or 152 who is providing or who is attempting to provide emer- gen£Y medical services, as defined in section 147A.1, or who is providing or who is at- tempting to provide health services as defined in section 135.61 in a hospital. A person who commits an assault under this section against a health care provider in a hospital, or at the scene or during out-of-hospital patient transportation in an ambulance, is presumed to know that the person against whom the assault is committed is a health care provider.

Approved April 8, 1996