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