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Senate upgrades aggravated assault penalty to second-degree felony in substitute bill
Summary
The Senate passed a substitute to SB 5 elevating aggravated assault to a second-degree felony, with supporters citing the need to better reflect the seriousness of the offense and opponents raising fiscal concerns about increased incarceration costs.
The Senate approved a substitute to Senate Bill 5 to upgrade aggravated assault from a third-degree to a second-degree felony. Supporters said the change corrects an inequity in the current statute and aligns penalties with the seriousness of crimes that can produce death. Senator Hilliard, referencing work by prosecutors and prior publicity around assault cases, said the distinction needed to be made and recommended passage despite fiscal implications down the road.
Opponents and some members acknowledged fiscal notes attached to the bill; senators noted that longer sentences take effect only for crimes committed after the law changes and that fiscal impacts are expected to materialize over several years. Senator Craig Peterson urged awareness of growing corrections costs while still supporting the measure on public-safety grounds. The Senate passed the substitute on a recorded roll call (20 ayes, 0 nays recorded on the roll call, 7 absent) and sent the bill to the House for further action.
