HB2427

THE CONTEXT: A person is criminally liable for assault if the person: 1) Intentionally, knowingly or recklessly causes physical injury to another person, which is a class 1 misdemeanor if committed intentionally or knowingly and a class 2 misdemeanor if committed recklessly; 2) Intentionally places another person in reasonable apprehension of imminent physical injury, which is a class 2 misdemeanor; or 3) Knowingly touches another person with the intent to injure, insult or provoke the person, which is a class 3 misdemeanor ( A. R.

WHAT THE BILL DID: The final vetoed version would make a person criminally liable for class 3 felony aggravated assault if the person intentionally, knowingly or recklessly causes physical injury while knowing or having reason to know that the victim is pregnant and the assault meets any of the statutory criteria for domestic violence and increase from two to five years the amount of time that the maximum sentence can be increased for a person convicted of a felony domestic violence offense against a pregnant victim or a felony offense causing physical injury to a pregnant victim.

WHY IT MATTERED: The practical reason for this bill was to make the public-safety rule for domestic violence clearer and more usable. It would make a person criminally liable for class 3 felony aggravated assault if the person intentionally, knowingly or recklessly causes physical injury while knowing or having reason to know that the victim is pregnant and the assault meets any of the statutory criteria for domestic violence, and would also increase from two to five years the amount of time that the maximum sentence can be increased for a person convicted of a felony domestic violence offense against a pregnant victim or a felony offense causing physical injury to a pregnant victim, rather than leave the current rule unchanged.