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House Journal: Page 786: Tuesday, March 25, 1997

Absent or not voting, 6:

Churchill      	Drake          	Murphy         	Siegrist      
	Vande Hoef     	Welter         	
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGES
Gipp of Winneshiek asked and received unanimous consent that the
following bills be immediately messaged to the Senate:  House
Files 694, 578 and 506.
House File 542, a bill for an act to prohibit the intentional
tossing, throwing, or expelling of bodily fluids or material on
jail and correctional employees by inmates, and providing
penalties, was taken up for consideration.
Sukup of Franklin offered the following amendment H-1300 filed
by Sukup, et al., and moved its adoption:

H-1300

 1     Amend House File 542 as follows:
 2     1.  By striking everything after the enacting
 3   clause and inserting the following:
 4     "Section 1.  NEW SECTION.  708.3B  INMATE ASSAULTS
 5   - BODILY FLUIDS OR SECRETIONS.
 6     A person who, while confined in a jail or in an
 7   institution or facility under the control of the
 8   department of corrections, commits any of the
 9   following acts commits a class "D" felony:
10     1.  An assault, as defined under section 708.1,
11   upon an employee of the jail or institution or
12   facility under the control of the department of
13   corrections, which results in the employee's contact
14   with bodily fluids or secretions.
15     2.  An act which is intended to cause pain or
16   injury or be insulting or offensive and which results
17   in bodily fluids or secretions being cast or expelled
18   upon an employee of the jail or institution or
19   facility under the control of the department of
20   corrections."
21     2.  Title page, line 1, by striking the words "the
22   intentional tossing, throwing," and inserting the
23   following:  "acts by inmates of jails or correctional
24   institutions which result in contact with bodily
25   fluids or secretions or the casting".
26     3.  Title page, line 2, by striking the word
27   "material" and inserting the following:  "secretions".
28     4.  Title page, line 3, by striking the words "by
29   inmates".

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