INTRODUCED
BY J. Cohenour, M. Blasdel, J. Ellsworth, C. Friedel, W. Sales, R. Tempel, J.
Welborn, F. Fleming, F. Garner, W. McKamey, B. Mercer, B. Usher
By Request of the ****
A BILL FOR AN ACT ENTITLED: "AN ACT REVISING ASSAULT LAWS; PROVIDING THAT THE CRIME OF ASSAULT ON A PEACE OFFICER OR JUDICIAL OFFICER INCLUDES ASSAULT WITH WHAT APPEARS TO BE A WEAPON; AND AMENDING SECTION 45-5-210, MCA."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 45-5-210, MCA, is amended to read:
"45-5-210. Assault on peace officer or judicial officer. (1) A person commits the offense of assault on a peace officer or judicial officer if the person purposely or knowingly causes:
(a) bodily injury to a peace officer or judicial officer;
(b) reasonable apprehension of serious bodily injury in a peace officer or judicial officer by use of:
(i) a weapon; or
(ii) what reasonably appears to be a weapon;
(c) bodily injury to a peace officer or judicial officer with a weapon; or
(d) serious bodily injury to a peace officer or judicial officer.
(2) (a) A person convicted of assault on a peace officer or judicial officer:
(i) under subsection (1)(a), (1)(b)(i), or (1)(c) shall be imprisoned in the state prison for a term of not less than 2 years or more than 10 years and may be fined an amount not to exceed $50,000; or
(ii) under subsection (1)(b)(ii) shall be imprisoned in the state prison for a term not to exceed 10 years and may be fined an amount not to exceed $50,000.
(b) Except as provided in 46-18-222, a person convicted of assault on a peace officer or judicial officer under subsection (1)(d) shall be fined an amount not to exceed $50,000 or be imprisoned in the state prison for a term of not less than 5 years or more than 20 years, or both.
(3) As used in this section, the following definitions apply:
(a) "Judicial officer" has the meaning provided in 1-1-202 and includes the workers' compensation judge, water court judges, and judges pro tempore.
(b) "Peace officer" has the meaning provided in 45-2-101 and includes a person, sworn or unsworn, who is responsible for the care or custody of an adult or youth offender.
(4) Criminal endangerment, negligent endangerment, and assault, as defined in 45-5-201, are not included as offenses of assault on a peace officer or judicial officer."