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IN THE SENATE
SENATE BILL NO. 1336
BY JUDICIARY AND RULES COMMITTEE
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AN ACT
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RELATING TO ASSAULT OR BATTERY UPON CERTAIN PERSONNEL; AMENDING SECTION
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MEMBERS OR EMPLOYEES OF THE COMMISSION OF PARDONS AND PAROLE AND TO MAKE
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TECHNICAL CORRECTIONS.
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amended to read as follows:
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18-915. ASSAULT OR BATTERY UPON CERTAIN PERSONNEL -- PUNISHMENT. (1)
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Any person who commits a crime provided for in this chapter against or upon
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a justice, judge, magistrate, prosecuting attorney, public defender, peace
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and training employee involved in peace officer decertification activi-
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ties, emergency services dispatcher, correctional officer, employee of the
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department of correction, employee of a private prison contractor while
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or employees of the commission of pardons and parole, employees of the de-
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partment of water resources authorized to enforce the provisions of chapter
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state police, fireman, social caseworkers or social work specialists of the
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department of health and welfare, employee of a state secure confinement
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facility for juveniles, employee of a juvenile detention facility, a teacher
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at a detention facility or a juvenile probation officer, emergency medical
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services personnel licensed under the provisions of chapter 10, title 56,
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States marshal, or federally commissioned law enforcement officer or their
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deputies or agents, and the perpetrator knows or has reason to know of the
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victim's status, the punishment shall be as follows:
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(a) For committing battery with intent to commit a serious felony,
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the punishment shall be imprisonment in the state prison not to exceed
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twenty-five (25) years.
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(b) For committing any other crime in this chapter, the punishment
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shall be doubled that provided in the respective section, except as pro-
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vided in subsections (2) and (3) of this section.
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(2) For committing a violation of the provisions of section 18-901 or
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or magistrate, jailer or correctional officer or other staff of the depart-
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ity, or of an employee of a state secure confinement facility for juveniles,
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an employee of a juvenile detention facility, a teacher at a detention facil-
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ity, misdemeanor probation officer or, a juvenile probation officer, or mem-
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ber or employee of the commission of pardons and parole:
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(a) Because of the exercise of official duties or because of the vic-
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tim's former or present official status; or
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(b) While the victim is engaged in the performance of his duties and the
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person committing the offense knows or reasonably should know that such
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victim is a justice, judge or magistrate, jailer or correctional offi-
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cer or other staff of the department of correction, or of a private cor-
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rectional facility, an employee of a state secure confinement facility
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for juveniles, an employee of a juvenile detention facility, a teacher
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at a detention facility, misdemeanor probation officer or a juvenile
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probation officer;
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the offense shall be a felony punishable by imprisonment in a correctional
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facility for a period of not more than five (5) years, and said sentence shall
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be served consecutively to any sentence being currently served.
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(3) For committing a violation of the provisions of section 18-903,
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or police officer:
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(a) Because of the exercise of official duty or because of the victim's
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former or present official status; or
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(b) While the victim is engaged in the performance of his duties and the
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person committing the offense knows or reasonably should know that such
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the offense shall be a felony punishable by imprisonment in a correctional
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facility for a period of not more than five (5) years, and said sentence shall
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be served consecutively to any sentence being currently served.