HF 2094 (LSB 5690HH (1) 89)

HOUSE FILE 2094

BY  ANDERSON

A BILL FOR

An Act relating to application of specific penalties to an assault on a social worker under certain circumstances.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 708.3A, subsection 5, paragraph d, Code 2022, is amended to read as follows:
   d.  “Health care provider” means an emergency medical care provider as defined in chapter 147A or a person licensed or registered under chapter 148, 148C, 148D, or 152, or 154C who is providing or who is attempting to provide emergency medical services, as defined in section 147A.1, or who is providing or who is attempting to provide health services as defined in section 135.61 in a hospital. A person who commits an assault under this section against a health care provider in a hospital, or at the scene or during out-of-hospital patient transportation in an ambulance, is presumed to know that the person against whom the assault is committed is a health care provider.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill adds licensed social workers to the list of health care providers to whom specific penalties under current law apply for assault when the assault is perpetrated on such health care provider who is providing or attempting to provide emergency medical services at the scene or during out-of-hospital patient transportation in an ambulance or who is providing or attempting to provide health services in a hospital.
   Under the bill, a person who commits an assault against a health care provider, including a social worker, in the specified situations, who knows that the person against whom the assault is committed is a health care provider and with the intent to inflict a serious injury upon the health care provider is guilty of a class “D” felony. Additionally, a person who commits an assault against a health care provider, including a social worker, in the specified situations, who knows that the person against whom the assault is committed is a health care provider and who uses or displays a dangerous weapon in connection with the assault is guilty of a class “D” felony. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245.
   Under the bill, a person who commits an assault against a health care provider, including a social worker, in the specified situations, who knows that the person against whom the assault is committed is a health care provider and who causes bodily injury or mental illness is guilty of an aggravated misdemeanor. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $855 but not more than $8,540.
   A person who commits any other assault against a health care provider, including a social worker, in the specified situations, who knows that the person against whom the assault is committed is a health care provider commits a serious misdemeanor. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $430 but not more than $2,560.