SB 204

Under current law, a person who intentionally causes bodily harm to another

without the other person's consent commits the crime of ordinary battery, the

penalties for which increase depending on the severity of the injury the person causes

his or her victim. A person convicted of ordinary battery is subject to fines and

periods of imprisonment. Current law provides more severe penalties for battery

committed under certain circumstances against certain government officials,

employees, and agents.

Among those covered under these "special circumstances battery" provisions

are law enforcement officers, fire fighters, and probation, parole, and aftercare

agents. If a person intentionally causes bodily harm to one of these employees, the

person is guilty of a Class H felony and may be fined not more than $10,000 or

sentenced to a term of imprisonment of not more than six years, or both, if the person

knows or has reason to know that the victim is an employee of the pertinent

department, the victim is acting in his or her official capacity, and the victim does not

consent to the harm.

This bill extends the special circumstances battery provisions to a person who

is employed by, or under contract with, a court, a county department of human or

social services, a tribal child welfare agency, or the department of children and

families, to provide intake, dispositional, or other services relating to child welfare

or juvenile justice (child welfare or juvenile justice worker). Under the bill, if a

person intentionally causes bodily harm or threatens to cause bodily harm to a child

welfare or juvenile justice worker, the person is guilty of a Class H felony if the person

knows or has reason to know that the victim is a child welfare or juvenile justice

worker, the victim is acting in his or her official capacity, and the victim does not

consent to the harm.