House File 2302 S-5180 Amend House File 2302, as passed by the House, as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < Section 1. Section 708.3A, subsections 1, 2, 3, and 4, Code 4 2024, are amended to read as follows: 5 1. A person who commits an assault, as defined in section 6 708.1 , against a peace officer, jailer, correctional or 7 juvenile detention staff, member or employee of the board 8 of parole, health care provider, employee of the department 9 of health and human services, employee of the department of 10 inspections, appeals, and licensing, employee of the department 11 of revenue, national guard member engaged in national 12 guard duty or state active duty, civilian employee of a law 13 enforcement agency, civilian employee of a fire department, or 14 fire fighter, whether paid or volunteer, with the knowledge 15 that the person against whom the assault is committed is a 16 peace officer, jailer, correctional or juvenile detention 17 staff, member or employee of the board of parole, health care 18 provider, employee of the department of health and human 19 services, employee of the department of inspections, appeals, 20 and licensing, employee of the department of revenue, national 21 guard member engaged in national guard duty or state active 22 duty, civilian employee of a law enforcement agency, civilian 23 employee of a fire department, or fire fighter and with the 24 intent to inflict a serious injury upon the peace officer, 25 jailer, correctional or juvenile detention staff, member or 26 employee of the board of parole, health care provider, employee 27 of the department of health and human services, employee 28 of the department of inspections, appeals, and licensing, 29 employee of the department of revenue, national guard member 30 engaged in national guard duty or state active duty, civilian 31 employee of a law enforcement agency, civilian employee of a 32 fire department, or fire fighter, is guilty of a class “D” “C” 33 felony. 34 2. A person who commits an assault, as defined in section 35 -1- HF 2302.3993 (1) 90 as/js 1/ 4 #1.

708.1 , against a peace officer, jailer, correctional or 1 juvenile detention staff, member or employee of the board 2 of parole, health care provider, employee of the department 3 of health and human services, employee of the department 4 of inspections, appeals, and licensing, employee of the 5 department of revenue, national guard member engaged in 6 national guard duty or state active duty, civilian employee 7 of a law enforcement agency, civilian employee of a fire 8 department, or fire fighter, whether paid or volunteer, who 9 knows that the person against whom the assault is committed is 10 a peace officer, jailer, correctional or juvenile detention 11 staff, 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 inspections, appeals, 14 and licensing, 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 who uses or 18 displays a dangerous weapon in connection with the assault, is 19 guilty of a class “D” “C” felony. 20 3. A person who commits an assault, as defined in section 21 708.1 , against a peace officer, jailer, correctional or 22 juvenile detention staff, member or employee of the board 23 of parole, health care provider, employee of the department 24 of health and human services, employee of the department 25 of inspections, appeals, and licensing, employee of the 26 department of revenue, national guard member engaged in 27 national guard duty or state active duty, civilian employee 28 of a law enforcement agency, civilian employee of a fire 29 department, or fire fighter, whether paid or volunteer, who 30 knows that the person against whom the assault is committed is 31 a peace officer, jailer, correctional or juvenile detention 32 staff, member or employee of the board of parole, health care 33 provider, employee of the department of health and human 34 services, employee of the department of inspections, appeals, 35 -2- HF 2302.3993 (1) 90 as/js 2/ 4

and licensing, employee of the department of revenue, national 1 guard member engaged in national guard duty or state active 2 duty, civilian employee of a law enforcement agency, civilian 3 employee of a fire department, or fire fighter, and who causes 4 bodily injury or mental illness, is guilty of an aggravated 5 misdemeanor a class “D” felony . 6 4. Any other assault, as defined in section 708.1 , including 7 an assault causing another to come into contact with saliva by 8 throwing, tossing, spitting, or expelling the fluid, committed 9 against a peace officer, jailer, correctional or juvenile 10 detention staff, member or employee of the board of parole, 11 health care provider, employee of the department of health and 12 human services, employee of the department of inspections, 13 appeals, and licensing, employee of the department of revenue, 14 national guard member engaged in national guard duty or 15 state active duty, civilian employee of a law enforcement 16 agency, civilian employee of a fire department, or fire 17 fighter, whether paid or volunteer, by a person who knows 18 that the person against whom the assault is committed is a 19 peace officer, jailer, correctional or juvenile detention 20 staff, member or employee of the board of parole, health care 21 provider, employee of the department of health and human 22 services, employee of the department of inspections, appeals, 23 and licensing, employee of the department of revenue, national 24 guard member engaged in national guard duty or state active 25 duty, civilian employee of a law enforcement agency, civilian 26 employee of a fire department, or fire fighter, is a serious 27 an aggravated misdemeanor. A person convicted of violating 28 this subsection shall serve a minimum term of seven days of 29 the sentence imposed by law, and shall not be eligible for 30 suspension of the minimum sentence. 31 Sec. 2. Section 708.3B, Code 2024, is amended to read as 32 follows: 33 708.3B Inmate assaults —— bodily fluids or secretions. 34 A person who, while confined in a jail or in an institution 35 -3- HF 2302.3993 (1) 90 as/js 3/ 4

or facility under the control of the department of corrections, 1 commits any of the following acts commits a class “D” felony: 2 1. An assault, as defined under section 708.1 , upon an 3 employee of the jail or institution or facility under the 4 control of the department of corrections , which that results 5 in the employee’s contact with blood, seminal fluid, urine, 6 saliva, or feces. 7 2. An act which that is intended to cause pain or injury 8 or be insulting or offensive and which that results in blood, 9 seminal fluid, urine, saliva, or feces being cast or expelled 10 upon an employee of the jail or institution or facility under 11 the control of the department of corrections. > 12 ______________________________ DAVID D. ROWLEY -4- HF 2302.3993 (1) 90 as/js 4/ 4