1243ca

    On the printed bill, delete everything after the enacting clause and insert:

"    Section 1. That § 22-18-1 be amended to read:

    22-18-1. Any person who:

            (1)    Attempts to cause bodily injury to another and has the actual ability to cause the injury;

            (2)    Recklessly causes bodily injury to another;

            (3)    Negligently causes bodily injury to another with a dangerous weapon;

            (4)    By a pattern of repeated conduct, causes physical hurt or psychological distress on one or more persons that may include threats, destruction of property, any threatening use of data or computer software, written or verbal communication, or conduct directed against a person or persons;

            (5)    Attempts by physical menace or credible threat to put another in fear of imminent bodily harm, with or without the actual ability to harm the other person; or

            (5)(6)    Intentionally causes bodily injury to another which does not result in serious bodily injury;

is guilty of simple assault. Simple assault is a Class 1 misdemeanor. However, if the defendant has been convicted of, or entered a plea of guilty to, two or more violations of § 22-18-1, 22-18-1.1, 22-18-26, or 22-18-29 within ten years of committing the current offense, the defendant is guilty of a Class 6 felony for any third or subsequent offense. "