The bill introduces several changes to the criminal classification for offenses related to attempted first-degree murder and first-degree assault, as follows:
Changes to Criminal Attempt to First-Degree Murder:
The bill modifies the penalty classifications for criminal attempt to first-degree murder under circumstances of universal malice (extreme indifference to human life). The new classifications are:
Class 3 felony if serious bodily injury results to any person.
Class 4 felony if bodily injury results to any person.
Class 5 felony if no injury results to any person.
This change makes it easier to classify the severity of the offense based on the actual harm caused to a person, ensuring that penalties are commensurate with the level of injury.
Repeal of First-Degree Assault Offense:
The bill repeals the offense of first-degree assault that occurs under circumstances manifesting extreme indifference to human life, where the person knowingly engages in conduct that creates a grave risk of death and causes serious bodily injury to another person.
This legislation aims to streamline penalties for attempted murder based on the harm caused and eliminates the need for the first-degree assault charge that deals with extreme indifference to life and results in serious bodily injury.
Summary
The bill makes the penalty classification for criminal attempt to
first degree murder under circumstances evidencing an attitude of universal malice manifesting extreme indifference to the value of human life generally:
•
A class 3 felony if serious bodily injury results to any person; •
A class 4 felony if bodily injury results to any person; and
•
A class 5 felony if no injury results to any person.
Under existing law, a person commits the crime of assault in the
first degree if, under circumstances manifesting extreme indifference to the value of human life, the person knowingly engages in conduct that creates a grave risk of death to another person and thereby causes serious bodily injury to any person. The bill repeals this offense.
