SB 1306

Abstract

Assault and battery; penalty. Eliminates the mandatory minimum term of confinement of six months for an assault and battery committed against a judge, magistrate, law-enforcement officer, correctional officer, person directly involved in the care, treatment, or supervision of inmates, firefighter or volunteer firefighter, or emergency medical services personnel. The bill removes simple assault from enhanced punishment and provides that the enhanced punishment applies for assault and battery only when it results in bodily injury. The bill also provides that a jury or the court may find any person charged with such offense (i) whose physical or mental capacity is diminished to the extent that he needs counseling or supervisory assistance or assistance with activities of daily living or instrumental activities of daily living or (ii) who has been diagnosed with an autism spectrum disorder, a developmental disability, or an intellectual disability, not guilty of such offense but guilty of a simple assault or assault and battery, punishable as a Class 1 misdemeanor. The bill also provides that before any arrest, indictment, or service of a petition in the case of a juvenile is made for an alleged assault and battery against a law-enforcement officer, (a) such alleged assault and battery shall be investigated by another law-enforcement officer who was not the subject of such alleged assault and battery and (b) the arrest, indictment, or service of a petition shall be approved by the attorney for the Commonwealth.

Assault and battery; penalty. Eliminatesthe mandatory minimum term of confinement of six months for an assaultand battery committed against a judge, magistrate, law-enforcementofficer, correctional officer, person directly involved in the care,treatment, or supervision of inmates, firefighter or volunteer firefighter,or emergency medical services personnel. The bill removes simple assault from enhanced punishment and provides that the enhanced punishmentapplies for assault and battery only when it results in bodily injury.The bill also provides that a jury or the court may find any person charged with such offense where the degree of culpability is slight,due to diminished physical or mental capacity or an autism spectrumdisorder, not guilty of such offense but guilty of a simple assaultor assault and battery, punishable as a Class 1 misdemeanor. Thebill also provides that before any arrest, indictment, or serviceof a petition in the case of a juvenile is made for an alleged assaultand battery against a law-enforcement officer, (i) such alleged assaultand battery shall be investigated by another law-enforcement officerwho was not the subject of such alleged assault and battery and (ii) the arrest, indictment, or service of a petition shall be approvedby the attorney for the Commonwealth.