House File 2397 - Introduced



                                       HOUSE FILE       
                                       BY  COMMITTEE ON PUBLIC SAFETY

                                       (SUCCESSOR TO HSB 568)


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to an assault upon an employee of a jail or
  2    correctional institution, and providing a penalty.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 5961HV 81
  5 jm/je/5

PAG LIN



  1  1    Section 1.  Section 708.3B, Code 2005, is amended to read
  1  2 as follows:
  1  3    708.3B  INMATE ASSAULTS == BODILY FLUIDS OR SECRETIONS.
  1  4    A person who, while confined in a jail or in an institution
  1  5 or facility under the control of the department of
  1  6 corrections, commits any of the following acts commits a class
  1  7 "D" felony:
  1  8    1.  An assault, as defined under section 708.1, upon an
  1  9 employee of the jail or institution or facility under the
  1 10 control of the department of corrections, which results in the
  1 11 employee's contact with blood, saliva, seminal fluid, urine,
  1 12 or feces.
  1 13    2.  An act which is intended to cause pain or injury or be
  1 14 insulting or offensive and which results in blood, saliva,
  1 15 seminal fluid, urine, or feces being cast or expelled upon an
  1 16 employee of the jail or institution or facility under the
  1 17 control of the department of corrections.
  1 18                           EXPLANATION
  1 19    This bill relates to an assault upon an employee of a jail
  1 20 or correctional institution.
  1 21    The bill provides that an inmate who commits an assault as
  1 22 defined under Code section 708.1 upon an employee of a jail or
  1 23 correctional institution, which results in the employee's
  1 24 contact with the saliva of the inmate, commits a class "D"
  1 25 felony.
  1 26    The bill also provides that an inmate who performs an act
  1 27 which is intended to cause pain or injury or be insulting or
  1 28 offensive, and which results in saliva being cast upon an
  1 29 employee of a jail or correctional institution, commits a
  1 30 class "D" felony.
  1 31    An inmate commits a violation under current law if the
  1 32 assault or act is committed with blood, seminal fluid, urine,
  1 33 or feces.
  1 34    A class "D" felony is punishable by confinement for no more
  1 35 than five years and a fine of at least $750 but not more than
  2  1 $7,500.
  2  2 LSB 5961HV 81
  2  3 jm:nh/je/5