HB 80 CRIMES AGAINST PUBLIC SERVICE WORKERS

Rep John Block

Actions: HPREF [2] not prntd-HRC

Scheduled: Not Scheduled

 House Bill 80 (HB 80) relates to the Children, Youth and Families Department and creates the crimes of assault, aggravated assault, battery and aggravated battery against a public service worker, as well as conspiracy and accessory to commit assault or battery against a public service worker.   

 House Bill 80 (HB 80) enacts new sections of the Criminal Code relating to offenses committed against employees of the Children, Youth and Families Department (CYFD). The bill defines “public service worker” as employees of CYFD who work directly with children and families either in the Protective Services Division or Juvenile Justice Division. 

The bill creates the following offenses against public service workers, who must be in the lawful discharge of their duties in all situations.  “In the lawful discharge of the public service worker’s duties’ means engaged in the performance of duties of a CYFD public service worker. 
Assault upon a public service worker is a misdemeanor and can be committed in three ways: (1) by attempting to commit a battery on a worker; (2) threatening or menacing conduct that causes a worker to believe they are in danger of receiving an immediate battery; or (3) the use of insulting language that impugns the worker’s honor, delicacy or reputation.  

Aggravated assault upon a public service worker is a third degree felony and can be committed in three ways: (1) assaulting or striking at the worker with a deadly weapon; (2) threatening or menacing a worker while wearing a mask, hood or other disguise; or (3) assaulting a worker with the intent to commit a felony. 

Battery upon a public service worker is a misdemeanor and is committed by the intentional touching of force in a rude, insolent or angry manner upon a worker.

Aggravated battery upon a public service worker consists of a battery with the intent to injure the worker. The penalty is either a fourth or second-degree felony depending on harm inflicted or if a deadly weapon was used.
Accessory or conspiracy to commit assault or battery on a public service worker is a fourth degree felony. 
 

 Current law does not provide specific crimes for offenses committed against CYFD workers.