House File 777 - Introduced



                                       HOUSE FILE       
                                       BY  COMMITTEE ON JUDICIARY

                                       (SUCCESSOR TO HF 625)


    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.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2933HV 81
  5 jm/gg/14

PAG LIN



  1  1    Section 1.  Section 356.48, Code 2005, is amended to read
  1  2 as follows:
  1  3    356.48  REQUIRED TEST.
  1  4    1.  A person confined to a jail or in the custody of a
  1  5 peace officer, who bites another person, who causes an
  1  6 exchange of bodily fluids with another person, or who causes
  1  7 any bodily secretion to be cast upon another person, shall
  1  8 submit to the withdrawal of a bodily specimen for testing to
  1  9 determine if the person is infected with a contagious or
  1 10 infectious disease as defined in section 141A.2.  The bodily
  1 11 specimen to be taken shall be determined by the attending
  1 12 physician of that jail or the county medical examiner.  The
  1 13 specimen taken shall be sent to the state hygienic laboratory
  1 14 at the state university at Iowa City or some other laboratory
  1 15 approved by the Iowa department of public health.  If a person
  1 16 to be tested pursuant to this section refuses to submit to the
  1 17 withdrawal of a bodily specimen, application may be made by
  1 18 the sheriff, or person in charge of the jail to, or any
  1 19 potentially infected peace officer may file an application
  1 20 with the district court for an order compelling the person to
  1 21 submit to the withdrawal and, if infected, to receive
  1 22 available treatment.  An order authorizing the withdrawal of a
  1 23 specimen for testing may be issued only by a district judge or
  1 24 district associate judge upon application by the sheriff, or
  1 25 person in charge of the jail, or potentially infected peace
  1 26 officer.
  1 27    2.  A person who fails to comply with an order issued
  1 28 pursuant to this section is guilty of a serious misdemeanor.
  1 29    3.  Personnel at the jail shall be notified if a person
  1 30 confined is found to have a contagious or infectious disease.
  1 31    4.  The sheriff, or person in charge of the jail, or peace
  1 32 officer shall take any appropriate measure to prevent the
  1 33 transmittal of a contagious or infectious disease to other
  1 34 persons, including the segregation of a confined person who
  1 35 tests positive for acquired immune deficiency syndrome from
  2  1 other confined persons.
  2  2    For purposes of this section, "infectious disease" means
  2  3 any infectious condition which if spread by contamination
  2  4 would place others at serious health risk.
  2  5                           EXPLANATION
  2  6    This bill relates to a person in the custody of a peace
  2  7 officer who assaults another person by biting or exchanging or
  2  8 attempting to exchange bodily fluids.
  2  9    Under the bill, a person who is in the custody of a peace
  2 10 officer and who bites another person, or who causes an
  2 11 exchange of bodily fluids with the other person, or who causes
  2 12 any bodily secretion to be cast upon the person, shall submit
  2 13 to the withdrawal of a bodily specimen for testing to
  2 14 determine if the person is infected with a contagious or
  2 15 infectious disease.  Current law provides that the person must
  2 16 be confined in a jail before any such test is required.
  2 17    The bill provides that a bodily specimen shall be taken by
  2 18 the attending physician of the jail or the county medical
  2 19 examiner to determine if the person is infected with a
  2 20 contagious or infectious disease.
  2 21    If a person to be tested under the bill refuses to submit
  2 22 to the withdrawal of a bodily specimen, an application may be
  2 23 made by any potentially infected peace officer to the district
  2 24 court for an order compelling the person to submit to the
  2 25 withdrawal.
  2 26    A person who fails to comply with an order issued pursuant
  2 27 to the bill is guilty of a serious misdemeanor.
  2 28    A serious misdemeanor is punishable by confinement for no
  2 29 more than one year and a fine of at least $250 but not more
  2 30 than $1,500.
  2 31 LSB 2933HV 81
  2 32 jm:nh/gg/14