HSB 523 (LSB 5387XD (4) 90)

SENATE/HOUSE FILE _____

BY  (PROPOSED ATTORNEY GENERAL BILL)

A BILL FOR

An Act relating to assaults, including assaults on persons engaged in certain occupations and inmate assaults on department of corrections employees, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 708.3A, subsections 1, 2, 3, and 4, Code 2024, are amended to read as follows:
   1.  A person who commits an assault, as defined in section 708.1, against a peace officer, jailer, correctional staff, member or employee of the board of parole, health care provider, employee of the department of health and human services, employee of the department of revenue, national guard member engaged in national guard duty or state active duty, civilian employee of a law enforcement agency, civilian employee of a fire department, or fire fighter, whether paid or volunteer, with the knowledge that the person against whom the assault is committed is a peace officer, jailer, correctional staff, member or employee of the board of parole, health care provider, employee of the department of health and human services, employee of the department of revenue, national guard member engaged in national guard duty or state active duty, civilian employee of a law enforcement agency, civilian employee of a fire department, or fire fighter and with the intent to inflict a serious injury upon the peace officer, jailer, correctional staff, member or employee of the board of parole, health care provider, employee of the department of health and human services, employee of the department of revenue, national guard member engaged in national guard duty or state active duty, civilian employee of a law enforcement agency, civilian employee of a fire department, or fire fighter, is guilty of a class “D” “C” felony.
   2.  A person who commits an assault, as defined in section 708.1, against a peace officer, jailer, correctional staff, member or employee of the board of parole, health care provider, employee of the department of health and human services, employee of the department of revenue, national guard member engaged in national guard duty or state active duty, civilian employee of a law enforcement agency, civilian employee of a fire department, or fire fighter, whether paid or volunteer, who knows that the person against whom the assault is committed is a peace officer, jailer, correctional staff, member or employee of the board of parole, health care provider, employee of the department of health and human services, employee of the department of revenue, national guard member engaged in national guard duty or state active duty, civilian employee of a law enforcement agency, civilian employee of a fire department, or fire fighter and who uses or displays a dangerous weapon in connection with the assault, is guilty of a class “D” “C” felony.
   3.  A person who commits an assault, as defined in section 708.1, against a peace officer, jailer, correctional staff, member or employee of the board of parole, health care provider, employee of the department of health and human services, employee of the department of revenue, national guard member engaged in national guard duty or state active duty, civilian employee of a law enforcement agency, civilian employee of a fire department, or fire fighter, whether paid or volunteer, who knows that the person against whom the assault is committed is a peace officer, jailer, correctional staff, member or employee of the board of parole, health care provider, employee of the department of health and human services, employee of the department of revenue, national guard member engaged in national guard duty or state active duty, civilian employee of a law enforcement agency, civilian employee of a fire department, or fire fighter, and who causes bodily injury or mental illness, is guilty of an aggravated misdemeanor a class “D” felony.
   4.  Any other assault, as defined in section 708.1, including an assault causing another to come into contact with saliva by throwing, tossing, spitting, or expelling the fluid, committed against a peace officer, jailer, correctional staff, member or employee of the board of parole, health care provider, employee of the department of health and human services, employee of the department of revenue, national guard member engaged in national guard duty or state active duty, civilian employee of a law enforcement agency, civilian employee of a fire department, or fire fighter, whether paid or volunteer, by a person who knows that the person against whom the assault is committed is a peace officer, jailer, correctional staff, member or employee of the board of parole, health care provider, employee of the department of health and human services, employee of the department of revenue, national guard member engaged in national guard duty or state active duty, civilian employee of a law enforcement agency, civilian employee of a fire department, or fire fighter, is a serious an aggravated misdemeanor.  A person convicted of violating this subsection shall serve a minimum term of seven days of the sentence imposed by law, and shall not be eligible for suspension of the minimum sentence.
    Sec. 2.  Section 708.3B, Code 2024, is amended to read as follows:
   708.3B  Inmate assaults —— bodily fluids or secretions.
   A person who, while confined in a jail or in an institution or facility under the control of the department of corrections, commits any of the following acts commits a class “D” felony:
   1.  An assault, as defined under section 708.1, upon an employee of the jail or institution or facility under the control of the department of corrections, which that results in the employee’s contact with blood, seminal fluid, urine, saliva, or feces.
   2.  An act which that is intended to cause pain or injury or be insulting or offensive and which that results in blood, seminal fluid, urine, saliva, or feces being cast or expelled upon an employee of the jail or institution or facility under the control of the department of corrections.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to assaults, including assaults on persons engaged in certain occupations and inmate assaults on department of corrections employees.
   Current law provides enhanced penalties for an assault, as defined in Code section 708.1, against persons engaged in certain occupations including a peace officer, jailer, correctional staff, member or employee of the board of parole, health care provider, employee of the department of health and human services, employee of the department of revenue, national guard member engaged in national guard duty or state active duty, civilian employee of a law enforcement agency, civilian employee of a fire department, or fire fighter, whether paid or volunteer.
   The bill increases the currently applicable penalties by one degree. A person who assaults a person engaged in one of the listed occupations with knowledge of the person’s occupation and the intent to inflict a serious injury upon such person is guilty of a class “C” felony. A person who, while assaulting a person engaged in one of the listed occupations, uses or displays a dangerous weapon in connection with the assault is guilty of a class “C” felony. A person who, while assaulting a person engaged in one of the listed occupations, causes bodily injury or mental illness is guilty of a class “D” felony.
   The bill provides that any other assault, including an assault causing another to come into contact with saliva by throwing, tossing, spitting, or expelling the fluid, committed against a person engaged in one of the listed occupations is an aggravated misdemeanor. A person convicted of violating the provision is required to serve a minimum term of seven days of the sentence imposed by law, and is not eligible for suspension of the minimum sentence.
   The bill provides that a person who, while confined in a jail, institution, or facility under the control of the department of corrections, commits an assault upon an employee of the jail, institution, or facility that results in the employee’s contact with blood, seminal fluid, urine, saliva, or feces, or who commits an act that is intended to cause pain or injury or be insulting or offensive and that results in blood, seminal fluid, urine, saliva, or feces being cast or expelled upon an employee, commits a class “D” felony. Current law does not include saliva in the list of bodily fluids or secretions.
   A class “C” felony is punishable by confinement for no more than 10 years and a fine of at least $1,370 but not more than $13,660. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $855 but not more than $8,540.