House File 2751 H-8275 Amend House File 2751 as follows: 1 1. Page 1, before line 1 by inserting: 2 < Section 1. Section 708.3A, Code 2026, is amended by 3 striking the section and inserting in lieu thereof the 4 following: 5 708.3A Assaults on members of protected occupations. 6 1. For purposes of this section, unless the context 7 otherwise requires: 8 a. “Assault” means the same as defined in section 708.1. 9 b. “Correctional staff” means a person, who is not a peace 10 officer, who is employed by the department of corrections or 11 a judicial district department of correctional services to 12 work at or in a correctional institution, community-based 13 correctional facility, or an institution under the management 14 of the Iowa department of corrections that is used for the 15 purposes of confinement of persons who have committed public 16 offenses. 17 c. “Employee of the department of health and human services” 18 means a person who is an employee of an institution controlled 19 by the director of health and human services that is listed in 20 section 218.1, or who is an employee of the civil commitment 21 unit for sex offenders operated by the department of health and 22 human services. A person who commits an assault under this 23 section against an employee of the department of health and 24 human services at a department of health and human services 25 institution or unit is presumed to know that the person against 26 whom the assault is committed is an employee of the department 27 of health and human services. 28 d. “Employee of the department of revenue” means a person 29 who is employed as an auditor, agent, tax collector, or any 30 contractor or representative acting in the same capacity. The 31 employee, contractor, or representative shall maintain current 32 identification indicating that the person is an employee, 33 contractor, or representative of the department. 34 e. “Health care provider” means an emergency medical care 35 -1- HF 2751.3708 (1) 91 as/js 1/ 4 #1.

provider as defined in section 147A.1, or a person licensed 1 or registered under chapter 148, 148C, 148D, or 152, who is 2 providing or who is attempting to provide emergency medical 3 services as defined in section 147A.1, or anyone who is 4 working, volunteering, or participating in an educational 5 course of instruction at a hospital or rural emergency hospital 6 as defined in section 135B.1, or at a nursing facility as 7 defined in section 135C.1. A person who commits an assault 8 under this section against a health care provider in a 9 hospital, or at the scene or during out-of-hospital patient 10 transportation in an ambulance, is presumed to know that the 11 person against whom the assault is committed is a health care 12 provider. 13 f. “Jailer” means a person, who is not a peace officer, 14 who is employed by a county or other political subdivision 15 of the state to work at a county jail or other facility used 16 for purposes of the confinement of persons who have committed 17 public offenses. 18 g. “Member of a protection occupation” means a person who 19 is a peace officer; a jailer; correctional staff; juvenile 20 detention staff; a member or employee of the board of parole; 21 a health care provider; an employee of the department of 22 health and human services; an employee of the department of 23 inspections, appeals, and licensing who conducts investigations 24 or inspections; an employee of the department of revenue; a 25 national guard member engaged in national guard duty or state 26 active duty; a civilian employee of a law enforcement agency; 27 a civilian employee of a fire department; or a fire fighter, 28 whether paid or volunteer. 29 h. “National guard” means the same as defined in section 30 29A.1. 31 i. “National guard duty” means the same as defined in 32 section 29A.1. 33 j. “State active duty” means the same as defined in section 34 29A.1. 35 -2- HF 2751.3708 (1) 91 as/js 2/ 4

2. An assault against a member of a protected occupation 1 with the knowledge that the person against whom the assault is 2 committed is a member of a protected occupation is a class “C” 3 felony. 4 3. An assault against a member of a protected occupation 5 using or displaying a dangerous weapon is a class “C” felony. 6 4. An assault against a member of a protected occupation 7 that causes bodily injury or mental illness is a class “D” 8 felony. 9 5. Any other assault, including an assault causing another 10 to come into contact with saliva by throwing, tossing, 11 spitting, or expelling the fluid, committed against a member of 12 a protected occupation is an aggravated misdemeanor. A person 13 convicted of violating this subsection shall serve a minimum 14 term of seven days of the sentence imposed by law, and shall 15 not be eligible for deferral or suspension of the minimum term 16 of seven days. 17 6. a. A person who is a victim of an assault under 18 subsection 2, 3, 4, or 5 that resulted in the victim coming in 19 contact with the blood, seminal fluid, urine, saliva, or feces 20 of the person committing the assault, when there is reason to 21 believe that the person committing the assault has or may have 22 a communicable disease, may request that law enforcement make 23 application to the court for the issuance of a search warrant, 24 in accordance with chapter 808, for the purpose of requiring 25 the person committing the assault to submit to testing by a 26 medical professional for communicable diseases. 27 b. The medical professional conducting testing of the person 28 committing the assault for communicable diseases shall, as soon 29 as practicable upon receipt of the test results, contact the 30 victim of the assault with the test results. > 31 2. Title page, line 1, after < to > by inserting < criminal 32 acts against persons in certain occupations, including 33 testing for communicable diseases for certain persons who 34 have committed an assault against a member of a protected 35 -3- HF 2751.3708 (1) 91 as/js 3/ 4