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