House File 625 - Introduced HOUSE FILE BY SWAIM Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to a person who assaults a peace officer by 2 exchanging or attempting to exchange bodily fluids and 3 providing a penalty. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 2933HH 81 6 jm/gg/14 PAG LIN 1 1 Section 1. NEW SECTION. 708.14 ASSAULT BY BODILY FLUIDS 1 2 AGAINST PEACE OFFICER == TEST == PENALTY FOR FAILURE TO 1 3 COMPLY. 1 4 1. For purposes of this section, "infectious disease" 1 5 means any infectious condition which if spread by 1 6 contamination would place others at serious health risk. 1 7 2. A person who bites a peace officer, or who causes an 1 8 exchange of bodily fluids with the officer, or who causes any 1 9 bodily secretion to be cast upon the officer, shall submit to 1 10 the withdrawal of a bodily specimen for testing to determine 1 11 if the person is infected with a contagious infectious 1 12 disease. The person shall be taken to the jail and a bodily 1 13 specimen shall be taken, at the person's own expense, by the 1 14 attending physician of that jail or the county medical 1 15 examiner to determine if the person is infected with a 1 16 contagious disease. The specimen taken shall be sent to the 1 17 state hygienic laboratory at the state university at Iowa City 1 18 or some other laboratory approved by the Iowa department of 1 19 public health. If a person to be tested pursuant to this 1 20 section refuses to submit to the withdrawal of a bodily 1 21 specimen, application may be made by the sheriff or person in 1 22 charge of the jail to the district court for an order 1 23 compelling the person to submit to the withdrawal and, if 1 24 infected, to available treatment. An order authorizing the 1 25 withdrawal of a specimen for testing may be issued only by a 1 26 district judge or district associate judge upon application by 1 27 the sheriff or person in charge of the jail. 1 28 3. Personnel at the jail shall be notified if a person 1 29 confined is found to have a contagious infectious disease. 1 30 4. The sheriff or person in charge of the jail shall take 1 31 any appropriate measure to prevent the transmittal of a 1 32 contagious infectious disease to other persons, including the 1 33 segregation of a confined person who tests positive for a 1 34 contagious infectious disease from other confined persons. 1 35 5. A person who fails to comply with an order issued 2 1 pursuant to this section is guilty of a serious misdemeanor. 2 2 EXPLANATION 2 3 This bill relates to a person who assaults a peace officer 2 4 by exchanging or attempting to exchange bodily fluids. 2 5 Under the bill, a person who bites a peace officer, or who 2 6 causes an exchange of bodily fluids with the officer, or who 2 7 causes any bodily secretion to be cast upon the officer, shall 2 8 submit to the withdrawal of a bodily specimen, at the person's 2 9 own expense, for testing to determine if the person is 2 10 infected with a contagious infectious disease. Current law 2 11 provides that the person must be confined in a jail before any 2 12 such test is required. 2 13 The bill provides the person shall be taken to the jail and 2 14 a bodily specimen shall be taken by the attending physician of 2 15 that jail or the county medical examiner to determine if the 2 16 person is infected with a contagious disease. 2 17 If a person to be tested under the bill refuses to submit 2 18 to the withdrawal of a bodily specimen, an application may be 2 19 made by the sheriff or person in charge of the jail to the 2 20 district court for an order compelling the person to submit to 2 21 the withdrawal. 2 22 A person who fails to comply with an order issued pursuant 2 23 to the bill is guilty of a serious misdemeanor. 2 24 A serious misdemeanor is punishable by confinement for no 2 25 more than one year and a fine of at least $250 but not more 2 26 than $1,500. 2 27 LSB 2933HH 81 2 28 jm:nh/gg/14