Iowa-2023-HF2302-Introduced

H.F. 2302 Section 1. Section 708.3A, subsections 1, 2, 3, and 4, Code 1 2024, are amended to read as follows: 2 1. A person who commits an assault, as defined in section 3 708.1 , against a peace officer, jailer, correctional staff, 4 member or employee of the board of parole, health care 5 provider, employee of the department of health and human 6 services, employee of the department of inspections, appeals, 7 and licensing, employee of the department of revenue, national 8 guard member engaged in national guard duty or state active 9 duty, civilian employee of a law enforcement agency, civilian 10 employee of a fire department, or fire fighter, whether paid or 11 volunteer, with the knowledge that the person against whom the 12 assault is committed is a peace officer, jailer, correctional 13 staff, member or employee of the board of parole, health care 14 provider, employee of the department of health and human 15 services, employee of the department of inspections, appeals, 16 and licensing, employee of the department of revenue, national 17 guard member engaged in national guard duty or state active 18 duty, civilian employee of a law enforcement agency, civilian 19 employee of a fire department, or fire fighter and with the 20 intent to inflict a serious injury upon the peace officer, 21 jailer, correctional staff, member or employee of the board 22 of parole, health care provider, employee of the department 23 of health and human services, employee of the department of 24 inspections, appeals, and licensing, employee of the department 25 of revenue, national guard member engaged in national 26 guard duty or state active duty, civilian employee of a law 27 enforcement agency, civilian employee of a fire department, or 28 fire fighter, is guilty of a class “D” “C” felony. 29 2. A person who commits an assault, as defined in section 30 708.1 , against a peace officer, jailer, correctional staff, 31 member or employee of the board of parole, health care 32 provider, employee of the department of health and human 33 services, employee of the department of inspections, appeals, 34 and licensing, employee of the department of revenue, national 35 -1- LSB 5387HV (2) 90 as/js 1/ 5

H.F. 2302 guard member engaged in national guard duty or state active 1 duty, civilian employee of a law enforcement agency, civilian 2 employee of a fire department, or fire fighter, whether paid 3 or volunteer, who knows that the person against whom the 4 assault is committed is a peace officer, jailer, correctional 5 staff, member or employee of the board of parole, health care 6 provider, employee of the department of health and human 7 services, employee of the department of inspections, appeals, 8 and licensing, employee of the department of revenue, national 9 guard member engaged in national guard duty or state active 10 duty, civilian employee of a law enforcement agency, civilian 11 employee of a fire department, or fire fighter and who uses or 12 displays a dangerous weapon in connection with the assault, is 13 guilty of a class “D” “C” felony. 14 3. A person who commits an assault, as defined in section 15 708.1 , against a peace officer, jailer, correctional staff, 16 member or employee of the board of parole, health care 17 provider, employee of the department of health and human 18 services, employee of the department of inspections, appeals, 19 and licensing, employee of the department of revenue, national 20 guard member engaged in national guard duty or state active 21 duty, civilian employee of a law enforcement agency, civilian 22 employee of a fire department, or fire fighter, whether paid 23 or volunteer, who knows that the person against whom the 24 assault is committed is a peace officer, jailer, correctional 25 staff, member or employee of the board of parole, health care 26 provider, employee of the department of health and human 27 services, employee of the department of inspections, appeals, 28 and licensing, employee of the department of revenue, national 29 guard member engaged in national guard duty or state active 30 duty, civilian employee of a law enforcement agency, civilian 31 employee of a fire department, or fire fighter, and who causes 32 bodily injury or mental illness, is guilty of an aggravated 33 misdemeanor a class “D” felony . 34 4. Any other assault, as defined in section 708.1 , including 35 -2- LSB 5387HV (2) 90 as/js 2/ 5

H.F. 2302 an assault causing another to come into contact with saliva by 1 throwing, tossing, spitting, or expelling the fluid, committed 2 against a peace officer, jailer, correctional staff, member 3 or employee of the board of parole, health care provider, 4 employee of the department of health and human services, 5 employee of the department of inspections, appeals, and 6 licensing, employee of the department of revenue, national 7 guard member engaged in national guard duty or state active 8 duty, civilian employee of a law enforcement agency, civilian 9 employee of a fire department, or fire fighter, whether paid 10 or volunteer, by a person who knows that the person against 11 whom the assault is committed is a peace officer, jailer, 12 correctional staff, member or employee of the board of parole, 13 health care provider, employee of the department of health and 14 human services, employee of the department of inspections, 15 appeals, and licensing, employee of the department of revenue, 16 national guard member engaged in national guard duty or state 17 active duty, civilian employee of a law enforcement agency, 18 civilian employee of a fire department, or fire fighter, is 19 a serious an aggravated misdemeanor. A person convicted of 20 violating this subsection shall serve a minimum term of seven 21 days of the sentence imposed by law, and shall not be eligible 22 for suspension of the minimum sentence. 23 Sec. 2. Section 708.3B, Code 2024, is amended to read as 24 follows: 25 708.3B Inmate assaults —— bodily fluids or secretions. 26 A person who, while confined in a jail or in an institution 27 or facility under the control of the department of corrections, 28 commits any of the following acts commits a class “D” felony: 29 1. An assault, as defined under section 708.1 , upon an 30 employee of the jail or institution or facility under the 31 control of the department of corrections , which that results 32 in the employee’s contact with blood, seminal fluid, urine, 33 saliva, or feces. 34 2. An act which that is intended to cause pain or injury 35 -3- LSB 5387HV (2) 90 as/js 3/ 5

H.F. 2302 or be insulting or offensive and which that results in blood, 1 seminal fluid, urine, saliva, or feces being cast or expelled 2 upon an employee of the jail or institution or facility under 3 the control of the department of corrections. 4 EXPLANATION 5 The inclusion of this explanation does not constitute agreement with 6 the explanation’s substance by the members of the general assembly. 7 This bill relates to assaults, including assaults on 8 persons engaged in certain occupations and inmate assaults on 9 department of corrections employees. 10 Current law provides enhanced penalties for an assault, 11 as defined in Code section 708.1, against persons engaged 12 in certain occupations including a peace officer, jailer, 13 correctional staff, member or employee of the board of parole, 14 health care provider, employee of the department of health and 15 human services, employee of the department of revenue, national 16 guard member engaged in national guard duty or state active 17 duty, civilian employee of a law enforcement agency, civilian 18 employee of a fire department, or fire fighter, whether paid 19 or volunteer. 20 The bill adds an employee of the department of inspections, 21 appeals, and licensing to the listed occupations. 22 The bill increases the currently applicable penalties by one 23 degree. A person who assaults a person engaged in one of the 24 listed occupations with knowledge of the person’s occupation 25 and the intent to inflict a serious injury upon such person is 26 guilty of a class “C” felony. A person who, while assaulting 27 a person engaged in one of the listed occupations, uses or 28 displays a dangerous weapon in connection with the assault is 29 guilty of a class “C” felony. A person who, while assaulting a 30 person engaged in one of the listed occupations, causes bodily 31 injury or mental illness is guilty of a class “D” felony. 32 The bill provides that any other assault, including an 33 assault causing another to come into contact with saliva by 34 throwing, tossing, spitting, or expelling the fluid, committed 35 -4- LSB 5387HV (2) 90 as/js 4/ 5

H.F. 2302 against a person engaged in one of the listed occupations is an 1 aggravated misdemeanor. A person convicted of violating the 2 provision is required to serve a minimum term of seven days of 3 the sentence imposed by law, and is not eligible for suspension 4 of the minimum sentence. 5 The bill provides that a person who, while confined in 6 a jail, institution, or facility under the control of the 7 department of corrections, commits an assault upon an employee 8 of the jail, institution, or facility that results in the 9 employee’s contact with blood, seminal fluid, urine, saliva, or 10 feces, or who commits an act that is intended to cause pain or 11 injury or be insulting or offensive and that results in blood, 12 seminal fluid, urine, saliva, or feces being cast or expelled 13 upon an employee, commits a class “D” felony. Current law does 14 not include saliva in the list of bodily fluids or secretions. 15 A class “C” felony is punishable by confinement for no more 16 than 10 years and a fine of at least $1,370 but not more than 17 $13,660. A class “D” felony is punishable by confinement for 18 no more than five years and a fine of at least $1,025 but not 19 more than $10,245. An aggravated misdemeanor is punishable by 20 confinement for no more than two years and a fine of at least 21 $855 but not more than $8,540. 22 -5- LSB 5387HV (2) 90 as/js 5/ 5