SECOND REGULAR SESSION

HOUSE BILL NO. 1889

90TH GENERAL ASSEMBLY


INTRODUCED BY REPRESENTATIVES RIZZO, SKAGGS, RILEY, HOPPE,

CURLS AND ROSS (Co-sponsors).

Read 1st time February 2, 2000, and 1000 copies ordered printed.

ANNE C. WALKER, Chief Clerk

4185L.01I


AN ACT

To repeal sections 565.081 and 565.082, RSMo 1994, relating to assault of a law enforcement officer, and to enact in lieu thereof two new sections relating to the same subject, with penalty provisions.




Be it enacted by the General Assembly of the state of Missouri, as follows:

Section A. Sections 565.081 and 565.082, RSMo 1994, are repealed and two new sections enacted in lieu thereof, to be known as sections 565.081 and 565.082, to read as follows:

565.081. 1. A person commits the crime of assault of a law enforcement officer in the first degree if he attempts to kill or knowingly causes or attempts to cause serious physical injury to a law enforcement officer.

2. Assault of a law enforcement officer in the first degree is a class A felony. Any person convicted of assault of a law enforcement officer in the first degree by means of a deadly weapon shall be sentenced to at least seven years incarceration without possibility of probation or parole.

565.082. 1. A person commits the crime of assault of a law enforcement officer in the second degree if he:

(1) Attempts to cause or knowingly causes physical injury to a law enforcement officer by means of a deadly weapon or dangerous instrument;

(2) Recklessly causes serious physical injury to a law enforcement officer; or

(3) While in an intoxicated condition or under the influence of controlled substances or drugs, operates a motor vehicle in this state and when so operating, acts with criminal negligence to cause physical injury to a law enforcement officer.

2. Assault of a law enforcement officer in the second degree is a class B felony. Any person convicted of assault of a law enforcement officer in the second degree pursuant to subdivision (1) of subsection 1 of this section shall be sentenced to at least seven years incarceration without possibility of probation or parole.



Missouri House of Representatives