Iowa-2023-HSB523-Introduced

S.F. _____ H.F. _____ 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 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, with the knowledge 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 revenue, national 15 guard member engaged in national guard duty or state active 16 duty, civilian employee of a law enforcement agency, civilian 17 employee of a fire department, or fire fighter and with the 18 intent to inflict a serious injury upon the peace officer, 19 jailer, correctional staff, member or employee of the board 20 of parole, health care provider, employee of the department 21 of health and human services, employee of the department of 22 revenue, national guard member engaged in national guard duty 23 or state active duty, civilian employee of a law enforcement 24 agency, civilian employee of a fire department, or fire 25 fighter, is guilty of a class “D” “C” felony. 26 2. A person who commits an assault, as defined in section 27 708.1 , against a peace officer, jailer, correctional staff, 28 member or employee of the board of parole, health care 29 provider, employee of the department of health and human 30 services, employee of the department of revenue, national 31 guard member engaged in national guard duty or state active 32 duty, civilian employee of a law enforcement agency, civilian 33 employee of a fire department, or fire fighter, whether paid 34 or volunteer, who knows that the person against whom the 35 -1- LSB 5387XD (4) 90 as/js 1/ 5

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

S.F. _____ H.F. _____ duty, civilian employee of a law enforcement agency, civilian 1 employee of a fire department, or fire fighter, whether paid 2 or volunteer, by a person who knows that the person against 3 whom the assault is committed is a peace officer, jailer, 4 correctional staff, member or employee of the board of parole, 5 health care provider, employee of the department of health and 6 human services, 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, is a serious 10 an aggravated misdemeanor. A person convicted of violating 11 this subsection shall serve a minimum term of seven days of 12 the sentence imposed by law, and shall not be eligible for 13 suspension of the minimum sentence. 14 Sec. 2. Section 708.3B, Code 2024, is amended to read as 15 follows: 16 708.3B Inmate assaults —— bodily fluids or secretions. 17 A person who, while confined in a jail or in an institution 18 or facility under the control of the department of corrections, 19 commits any of the following acts commits a class “D” felony: 20 1. An assault, as defined under section 708.1 , upon an 21 employee of the jail or institution or facility under the 22 control of the department of corrections , which that results 23 in the employee’s contact with blood, seminal fluid, urine, 24 saliva, or feces. 25 2. An act which that is intended to cause pain or injury 26 or be insulting or offensive and which that results in blood, 27 seminal fluid, urine, saliva, or feces being cast or expelled 28 upon an employee of the jail or institution or facility under 29 the control of the department of corrections. 30 EXPLANATION 31 The inclusion of this explanation does not constitute agreement with 32 the explanation’s substance by the members of the general assembly. 33 This bill relates to assaults, including assaults on 34 persons engaged in certain occupations and inmate assaults on 35 -3- LSB 5387XD (4) 90 as/js 3/ 5

S.F. _____ H.F. _____ department of corrections employees. 1 Current law provides enhanced penalties for an assault, 2 as defined in Code section 708.1, against persons engaged 3 in certain occupations including a peace officer, jailer, 4 correctional staff, member or employee of the board of parole, 5 health care provider, employee of the department of health and 6 human services, 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. 11 The bill increases the currently applicable penalties by one 12 degree. A person who assaults a person engaged in one of the 13 listed occupations with knowledge of the person’s occupation 14 and the intent to inflict a serious injury upon such person is 15 guilty of a class “C” felony. A person who, while assaulting 16 a person engaged in one of the listed occupations, uses or 17 displays a dangerous weapon in connection with the assault is 18 guilty of a class “C” felony. A person who, while assaulting a 19 person engaged in one of the listed occupations, causes bodily 20 injury or mental illness is guilty of a class “D” felony. 21 The bill provides that any other assault, including an 22 assault causing another to come into contact with saliva by 23 throwing, tossing, spitting, or expelling the fluid, committed 24 against a person engaged in one of the listed occupations is an 25 aggravated misdemeanor. A person convicted of violating the 26 provision is required to serve a minimum term of seven days of 27 the sentence imposed by law, and is not eligible for suspension 28 of the minimum sentence. 29 The bill provides that a person who, while confined in 30 a jail, institution, or facility under the control of the 31 department of corrections, commits an assault upon an employee 32 of the jail, institution, or facility that results in the 33 employee’s contact with blood, seminal fluid, urine, saliva, or 34 feces, or who commits an act that is intended to cause pain or 35 -4- LSB 5387XD (4) 90 as/js 4/ 5

S.F. _____ H.F. _____ injury or be insulting or offensive and that results in blood, 1 seminal fluid, urine, saliva, or feces being cast or expelled 2 upon an employee, commits a class “D” felony. Current law does 3 not include saliva in the list of bodily fluids or secretions. 4 A class “C” felony is punishable by confinement for no more 5 than 10 years and a fine of at least $1,370 but not more than 6 $13,660. A class “D” felony is punishable by confinement for 7 no more than five years and a fine of at least $1,025 but not 8 more than $10,245. An aggravated misdemeanor is punishable by 9 confinement for no more than two years and a fine of at least 10 $855 but not more than $8,540. 11 -5- LSB 5387XD (4) 90 as/js 5/ 5