Sec. 1. 17-A MRSA §752-A, sub-§1, as amended by PL 1983, c. 408, §1, is further amended to read:

1. A person is guilty of assault on an officer if:

A. He The person intentionally, knowingly or recklessly causes bodily injury to a law enforcement officer while the officer is in the performance of his the officer's official duties; or

B. While in custody in a penal institution or other facility pursuant to an arrest or pursuant to a court order, he the person commits an assault on a member of the staff of the institution or facility. As used in this paragraph "assault" means the crime defined in section 207, subsection 1.

Sec. 2. 17-A MRSA §752-A, sub-§2-A is enacted to read:

2-A.__All offenses of assault on a law enforcement officer in which the law enforcement officer requires medical treatment must be charged as a violation of this section and may not be charged as a lesser crime.

SUMMARY

This bill requires that all offenses of assault on a law enforcement officer in which the law enforcement officer requires medical treatment must be charged as the Class C crime of assault on an officer and may not be charged as a lesser offense.