(1) The official was engaged in his or her lawful duties; or

(2) The person knowingly caused the death of such official because of his or her status.

Murder of a criminal justice official in the first degree is a felony punishable by death unless the jury find mitigating circumstances are sufficient to justify a sentence of life imprisonment without eligibility for probation, parole, or conditional release. A "criminal justice official" includes a peace officer, prosecuting attorney, judge, jailer, or corrections personnel.

A trial for murder of a criminal justice official in the first degree shall be conducted according to the laws applicable to murder in the first degree.

The crimes of assault of a law enforcement officer, emergency personnel, or probation or parole officer in the first degree, second degree, and third degree respectively, are expanded to include corrections personnel. No person who pleads guilty to or is found guilt of assault of a law enforcement officer, emergency personnel, or corrections personnel may be granted a suspended imposition of sentence or suspended execution of sentence or may be sentenced to pay a fine.

"Corrections personnel" is defined as any employee of a correctional center or any person assigned to work in a correctional center, probation and parole officer, or any jailer.

This act is similar to SB 685 (2007).

SUSAN HENDERSON MOORE