S-5180

   Amend House File 2302, as passed by the House, as follows:
   1.  By striking everything after the enacting clause and inserting: 
   <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 or juvenile detention 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 inspections, appeals, and licensing, 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 or juvenile detention 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 inspections, appeals, and licensing, 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 or juvenile detention 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 inspections, appeals, and licensing, 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 or juvenile detention 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 inspections, appeals, and licensing, 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 or juvenile detention 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 inspections, appeals, and licensing, 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 or juvenile detention 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 inspections, appeals, and licensing, 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 or juvenile detention 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 inspections, appeals, and licensing, 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 or juvenile detention 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 inspections, appeals, and licensing, 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 or juvenile detention 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 inspections, appeals, and licensing, 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.>

______________________________
DAVID D. ROWLEY