SECOND REGULAR SESSION

HOUSE BILL NO. 1585

92ND GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVES BROWN (Sponsor), PHILLIPS, JOLLY, NIEVES, DUSENBERG, PRATT, PEARCE, QUINN, WITTE, ERVIN, LIPKE, DOUGHERTY, ROARK,

MEINERS AND WILSON (119) (Co-sponsors).Read 1^st time February 26, 2004, and copies ordered printed.

STEPHEN S. DAVIS, Chief Clerk

4346L.01I

AN ACT

To repeal sections 565.082 and 565.083, RSMo, and to enact in lieu thereof two new sections relating to assault of a law enforcement officer or emergency personnel, with penalty provisions.

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

            Section A. Sections 565.082 and 565.083, RSMo, are repealed and two new sections enacted in lieu thereof, to be known as sections 565.082 and 565.083, to read as follows:

            565.082. 1. A person commits the crime of assault of a law enforcement officer or emergency personnel in the second degree if such person:

            (1) Knowingly causes or attempts to cause physical injury to a law enforcement officer or emergency personnel [by means of a deadly weapon or dangerous instrument];

            (2) Knowingly causes or attempts to cause physical injury to a law enforcement officer or emergency personnel by means other than a deadly weapon or dangerous instrument;

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

            [(3)] (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) Purposely or recklessly places a law enforcement officer or emergency personnel 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 or emergency personnel.

            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), and (17) of section 190.100, RSMo.

            3. Assault of a law enforcement officer or emergency personnel 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.

            565.083. 1. A person commits the crime of assault of a law enforcement officer or emergency personnel in the third degree if:

            (1) Such person [attempts to cause or] recklessly causes physical injury to a law enforcement officer or emergency personnel;

            (2) [With criminal negligence such person causes physical injury to a law enforcement officer or emergency personnel by means of a deadly weapon;

            (3)] Such person purposely places a law enforcement officer or emergency personnel in apprehension of immediate physical injury;

            [(4) With criminal negligence such person creates a grave risk of death or serious physical injury to a law enforcement officer or emergency personnel; or

            (5)] (3) Such person knowingly causes or attempts to cause physical contact with a law enforcement officer or emergency personnel without the consent of the law enforcement officer or emergency personnel.

            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), and (17) of section 190.100, RSMo.

            3. Assault of a law enforcement officer or emergency personnel in the third degree is a class A misdemeanor.