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Senate Bill 1336 — Assault, battery, enhanced penalty

Senate Bill 1336 — Assault, battery, enhanced penalty

Parrish Miller
February 16, 2020

Bill description: SB 1336 adds to the list of individuals against whom assault or battery carries an enhanced penalty. 

Rating: -1

Does it violate the principle of equal protection under the law? Examples include laws which discriminate or differentiate based on age, gender, or religion or which apply laws, regulations, rules, or penalties differently based on such characteristics. Conversely, does it restore or protect the principle of equal protection under the law?

SB 1336 adds "members or employees of the commission of pardons and parole" to an existing list of people against whom, based on their profession, it is considered a more serious crime to commit assault or battery. 

Equal protection under the law is a foundational principle of Western justice, yet SB 1336 compounds the existing problem of the existing law by adding more people to a protected class and declaring that someone who violates their rights has committed a more severe crime.

Discrimination is widely abhorred today and historical laws that treated crimes against women or minorities as less severe are routinely criticized, an rightly so. Yet this bill proposes to enact similarly discriminatory laws treating some people's lives and liberty as more valuable than others based solely on their choice of employment.


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