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Senate amends bill increasing penalties for assaulting peace officers, circles measure for rewrite
Summary
Senators spent extended floor time amending a bill sponsored by Sen. Evans that increases penalties for assaulting police officers. The Senate adopted several amendments (no mandatory jail on first offense; 90 days second; 180 days third), deleted a committee carve‑out for civil disobedience, and 'circled' the bill for a consolidated substitute and further review.
Senate floor debate on Feb. 3, 1998 centered on a bill introduced by Senator Evans to increase penalties for assaulting peace officers. Evans told colleagues the measure was intended to ‘‘send the correct message’’ and provide clearer guidance to prosecutors and judges about escalating penalties for repeat offenses. He moved an amendment dated Feb. 4 that restructured sentencing tiers: no mandatory custodial time for a first assault, a 90‑day maximum on a second assault, and a 180‑day maximum on a third assault.
Opponents and some supporters pressed the sponsor on whether successive amendments had substantially weakened the bill’s deterrent effect and whether the proposed penalties duplicated or merely restated existing law. Senator Mansell and others said repeated dilutions risked making the proposal redundant; Senator Steele and Senator McAllister asked why there was no fiscal note and whether judges already had latitude under current law. The chair explained that a class A misdemeanor can carry a maximum fine of $2,500 and up to one year in jail, and senators debated how much mandatory minimum language the Legislature should impose.
A key point of contention was whether the bill should include a carve‑out for conduct occurring during acts of civil disobedience. Senator Tanner, who had sponsored a committee amendment, said the language had been intended to avoid criminalizing protected protest activity. Senator Maine argued that civil disobedience is part of the nation’s history and urged removing that carve‑out to protect officers while preserving constitutional rights, saying, "Civil disobedience is a part of our country." After floor debate and multiple voice votes on amendments, the Senate voted to "circle" the bill — moving it to the top of the second‑reading calendar and instructing staff to prepare a consolidated substitute that incorporates the adopted changes and clarifies remaining language.
Procedure and next steps: the bill was not finally passed on the floor; it was circled for a substitute and returned to the second‑reading calendar for further work.
