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