After years of unsatisfactory prosecutions of assaults on police officers in Kansas City the KCFOP took on the task of passing new law to address police assaults on our members and law enforcement officers throughout the State of Missouri. The final catalyst for this endeavor was an assault in 2000 on then Officer Garry Eastwood who was severely bitten when he attempted a domestic violence arrest in the East Patrol Division. The suspect was prosecuted under the 2nd degree Class B felony assault on a law enforcement officer statute and found guilty. Prosecution of the assault was based not on the severity of the injury sustained but under the premise that when the suspect used his teeth in the assault, the use of his teeth to bite Officer Eastwood invoked the dangerous instrument element of the felony assault statute. The suspect was convicted but the judge, fearing challenge of the use of the statute, reduced the charge to a misdemeanor and the suspect was released with time already served.

For years police officers in Kansas City have been ill-served under existing law that has no felony provision for assaults committed on law enforcement officers not perpetrated with a deadly weapon or resulting in serious physical injury. Prosecutions under the pre-2004 law left much interpretation to the severity of injury sustained by a police officer that would prompt a felony prosecution.

The long effort to change this deficient law began in 2002 when Brent Marchant approached then Representative Cathy Jolly to assist in carrying this legislation. Representative Jolly is a former Jackson County Prosecutor and recognized the need for this protection for police officers in Missouri. The language of the bill was inspired by existing language in Illinois law and was carried by Representative Jolly in 2002 and again in 2003 in an effort to educate legislators not familiar with the criminal justice system of the need for this new law. This effort was effectively sidelined in 2003 when the KCFOP threw much of it's legislative effort and attention to passing changes to the 1st degree assault on a law enforcement officer statute, reclassifying it to a 'dangerous felony' after a suspect, who was convicted of a 1996 attack in which he severely wounded then Kansas City Police Officers Blehm and McCollum in a botched murder attempt, was found to be eligible for early parole and release. The KCFOP, working in conjunction with the Missouri FOP in this effort, was successful in the effort to change the 1st degree assault on a police officer statute and changed the classification of these assaults to a dangerous felony for sentencing purposes (2003 Senate Bill 5). During this change the Assault on a Law Enforcement Officer statute was broadened to include firefighters and emergency services workers.

In 2004 the KCFOP Police and Emergency Services Worker Assault legislation enhancing the penalties for 2nd degree assaults was again introduced in the the Missouri House of Representatives as HB1585 - This time Representative Jason Brown recognizing the need for this critical legislation, came to the KCFOP's aid. The KCFOP spent many days in Jefferson City during the 2004 session, receiving a tremendous effort from bill sponsor Jason Brown. The effort resulted in this critical legislation gaining bipartisan support. The bill passed the House and the Senate nearly unanimously as amended into HB1055. HB 1055 sponsor Representative Marc Bruns of Jefferson City collaborated with Representative Brown in this effort. This assault legislation was promoted in 2004 exclusively by the KCFOP and our friends in the legislature and will have a tremendous impact on law enforcement officers and emergency services workers statewide.

STATISTICS: There were 2,646 reported assaults on police officers in the State of Missouri in the year 2002 alone. Nationally only 3.3 percent of assaults on police officers are committed with firearms. Of these assaults 12.2 percent resulted in injury to the officers. Knives and cutting instruments comprised 1.8 percent of the assaults resulting in injury to the officers in 17.1 percent of these cases. 14.3 percent of assaults on officers were perpetrated by other dangerous weapons resulting in injury to the officers in 25.7 percent of these cases. 80.6 percent of all assaults on law enforcement officers are committed with personal weapons such as hands, fists, feet, etc. 29.8 percent of these assaults resulted in injuries to the officers. These statistics clearly show that law enforcement officers sustain the greatest number of injuries from assaults perpetrated by means other than a deadly weapon.

These much needed changes in the law represent only two of the continuing efforts of the KCFOP to support law enforcement in Missouri and our community through our efforts in Jefferson City. Many thanks go to our friends in the Missouri Legislature who helped make these critical changes in the law happen.

The crime of assault on a law enforcement officer and emergency services worker as revised will make the changes as summarized below. 2nd degree assaults on a police officer or emergency services worker by means of a deadly weapon or dangerous instrument remain a class B felony.

The bill makes it a class C felony when a person:

(1) Knowingly causes or attempts to cause physical injury to a law enforcement officer by means other than a deadly weapon;

(2) Acts with criminal negligence to cause physical injury to a law enforcement officer by means of a deadly weapon. Under prior law, this crime was a class A misdemeanor;

(3) Recklessly causes serious physical injury to a law enforcement officer or emergency personnel;

(4) 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 or emergency personnel;

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

(6) Acts with criminal negligence to create a substantial risk of death or serious physical injury to a law enforcement officer.

(7) Purposely or recklessly places a law enforcement officer in apprehension of immediate serious physical injury.

Acts with criminal negligence to create a substantial risk of death or serious physical injury to a law enforcement officer or emergency personnel.

Full bill text for the KCFOP 2004 Police Assault Legislation HB1055

Assault Law: HB 1055 --- Containing KCFOP new felony Police and Emergency  Services Worker Assault law as amended to include original PO Assault legislation from HB 1585.


Source: Unified Crime Reports 2004 - FBI.gov