FIRST REGULAR SESSION

HOUSE BILL NO. 652

96TH GENERAL ASSEMBLY


 

 

INTRODUCED BY REPRESENTATIVES RIDDLE (Sponsor), McGHEE, HIGDON, SCHAD, REIBOLDT, FISHER, BURLISON, WELLS, TAYLOR, FREDERICK, CIERPIOT, PACE AND GATSCHENBERGER (Co-sponsors).

0555L.02I                                                                                                                                                  D. ADAM CRUMBLISS, Chief Clerk


 

AN ACT

To repeal sections 565.081 and 565.083, RSMo, and section 565.082 as enacted by conference committee substitute for senate substitute for senate committee substitute for house committee substitute for house bill no. 62, ninety-fifth general assembly, first regular session and section 565.082 as enacted by conference committee substitute for senate substitute for senate committee substitute for house bill no. 683, ninety-fifth general assembly, first regular session, and to enact in lieu thereof three new sections relating to assault of a law enforcement officer, corrections officer, emergency personnel, highway worker in a construction zone or work zone, health care worker, or probation and parole officer, with existing penalty provisions.




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


            Section A. Sections 565.081 and 565.083, RSMo, and section 565.082 as enacted by conference committee substitute for senate substitute for senate committee substitute for house committee substitute for house bill no. 62, ninety-fifth general assembly, first regular session and section 565.082 as enacted by conference committee substitute for senate substitute for senate committee substitute for house bill no. 683, ninety-fifth general assembly, first regular session, are repealed and three new sections enacted in lieu thereof, to be known as sections 565.081, 565.082, and 565.083, to read as follows:

            565.081. 1. A person commits the crime of assault of a law enforcement officer, corrections officer, emergency personnel, highway worker in a construction zone or work zone, health care worker, or 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 law enforcement officer, corrections officer, emergency personnel, highway worker in a construction zone or work zone, health care worker, or 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.

            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.

            5. As used in this section, "health care worker" means one who is a professional licensed under chapters 334 and 335 and employed by a covered health care facility.

            6. As used in this section, "covered health care facility" refers to a hospital as defined in section 197.020, facility as defined in section 198.006, residential facility as defined in section 630.005, or other health care entity licensed by the state.

            7. Assault of a law enforcement officer, corrections officer, emergency personnel, highway worker in a construction zone or work zone, health care worker, or 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 law enforcement officer, corrections officer, emergency personnel, or probation and parole officer in the second degree if such person:

(1) Knowingly causes or attempts to cause physical injury to a law enforcement officer, corrections officer, emergency personnel, or probation and parole officer by means of a deadly weapon or dangerous instrument;

(2) Knowingly causes or attempts to cause physical injury to a law enforcement officer, corrections officer, emergency personnel, highway worker in a construction zone or work zone, or probation and parole officer by means other than a deadly weapon or dangerous instrument;

(3) Recklessly causes serious physical injury to a law enforcement officer, corrections officer, emergency personnel, or 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 law enforcement officer, corrections officer, emergency personnel, or probation and parole officer;

(5) Acts with criminal negligence to cause physical injury to a law enforcement officer, corrections officer, emergency personnel, or probation and parole officer by means of a deadly weapon or dangerous instrument;

(6) Purposely or recklessly places a law enforcement officer, corrections officer, emergency personnel, or 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 law enforcement officer, corrections officer, emergency personnel, or 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.

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. Assault of a law enforcement officer, corrections officer, emergency personnel, or 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.]

 

            565.082. 1. A person commits the crime of assault of a law enforcement officer, corrections officer, emergency personnel, highway worker in a construction zone or work zone, health care worker, or probation and parole officer in the second degree if such person:

            (1) Knowingly causes or attempts to cause physical injury to a law enforcement officer, corrections officer, emergency personnel, highway worker in a construction zone or work zone, health care worker, or probation and parole officer by means of a deadly weapon or dangerous instrument;

            (2) Knowingly causes or attempts to cause physical injury to a law enforcement officer, corrections officer, emergency personnel, highway worker in a construction zone or work zone, health care worker, or probation and parole officer by means other than a deadly weapon or dangerous instrument;

            (3) Recklessly causes serious physical injury to a law enforcement officer, corrections officer, emergency personnel, highway worker in a construction zone or work zone, health care worker, or 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 law enforcement officer, corrections officer, emergency personnel, highway worker in a construction zone or work zone, health care worker, or probation and parole officer;

            (5) Acts with criminal negligence to cause physical injury to a law enforcement officer, corrections officer, emergency personnel, highway worker in a construction zone or work zone, health care worker, or probation and parole officer by means of a deadly weapon or dangerous instrument;

            (6) Purposely or recklessly places a law enforcement officer, corrections officer, emergency personnel, highway worker in a construction zone or work zone, health care worker, or 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 law enforcement officer, corrections officer, emergency personnel, highway worker in a construction zone or work zone, health care worker, or 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.

            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.

            5. As used in this section, "health care worker" means one who is a professional licensed under chapters 334 and 335 and employed by a covered health care facility.

            6. As used in this section, "covered health care facility" refers to a hospital as defined in section 197.020, facility as defined in section 198.006, residential facility as defined in section 630.005, or other health care entity licensed by the state.

            7. Assault of a law enforcement officer, corrections officer, emergency personnel, highway worker in a construction zone or work zone, health care worker, or 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 law enforcement officer, corrections officer, emergency personnel, highway worker in a construction zone or work zone, health care worker, or probation and parole officer in the third degree if:

            (1) Such person recklessly causes physical injury to a law enforcement officer, corrections officer, emergency personnel, highway worker in a construction zone or work zone, health care worker, or probation and parole officer;

            (2) Such person purposely places a law enforcement officer, corrections officer, emergency personnel, highway worker in a construction zone or work zone, health care worker, or probation and parole officer in apprehension of immediate physical injury;

            (3) Such person knowingly causes or attempts to cause physical contact with a law enforcement officer, corrections officer, emergency personnel, highway worker in a construction zone or work zone, health care worker, or probation and parole officer without the consent of the law enforcement officer, corrections officer, emergency personnel, highway worker in a construction zone or work zone, health care worker, or 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.

            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.

            5. As used in this section, "health care worker" means one who is a professional licensed under chapters 334 and 335 and employed by a covered health care facility.

            6. As used in this section, "covered health care facility" refers to a hospital as defined in section 197.020, facility as defined in section 198.006, residential facility as defined in section 630.005, or other health care entity licensed by the state.

            7. Assault of a law enforcement officer, corrections officer, emergency personnel, highway worker in a construction zone or work zone, health care worker, or probation and parole officer in the third degree is a class A misdemeanor.