H.F. 177 Section 1. Section 708.3A, subsections 1, 2, 3, and 4, Code 1 2025, are amended to read as follows: 2 1. A person who commits an assault, as defined in section 3 708.1 , against a peace officer, jailer, correctional or 4 juvenile detention staff, member or employee of the board 5 of parole, health care provider, employee of the department 6 of health and human services, employee of the department of 7 revenue, national guard member engaged in national guard duty 8 or state active duty, civilian employee of a law enforcement 9 agency, civilian employee of a fire department, or fire 10 fighter, whether paid or volunteer, with the knowledge that 11 the person against whom the assault is committed is a peace 12 officer, jailer, correctional or juvenile detention staff, 13 member or employee of the board of parole, health care 14 provider, employee of the department of health and human 15 services, employee of the department of revenue, national 16 guard member engaged in national guard duty or state active 17 duty, civilian employee of a law enforcement agency, civilian 18 employee of a fire department, or fire fighter and with the 19 intent to inflict a serious injury upon the peace officer, 20 jailer, correctional or juvenile detention staff, member or 21 employee of the board of parole, health care provider, employee 22 of the department of health and human services, employee of 23 the department of revenue, national guard member engaged in 24 national guard duty or state active duty, civilian employee 25 of a law enforcement agency, civilian employee of a fire 26 department, or fire fighter, is guilty of a class “D” “C” 27 felony. 28 2. A person who commits an assault, as defined in section 29 708.1 , against a peace officer, jailer, correctional or 30 juvenile detention staff, member or employee of the board 31 of parole, health care provider, employee of the department 32 of health and human services, employee of the department of 33 revenue, national guard member engaged in national guard duty 34 or state active duty, civilian employee of a law enforcement 35 -1- LSB 1057HV (2) 91 as/js 1/ 5

H.F. 177 agency, civilian employee of a fire department, or fire 1 fighter, whether paid or volunteer, who knows that the person 2 against whom the assault is committed is a peace officer, 3 jailer, correctional or juvenile detention staff, member 4 or employee of the board of parole, health care provider, 5 employee of the department of health and human services, 6 employee of the department of revenue, national guard member 7 engaged in national guard duty or state active duty, civilian 8 employee of a law enforcement agency, civilian employee of a 9 fire department, or fire fighter and who uses or displays a 10 dangerous weapon in connection with the assault, is guilty of 11 a class “D” “C” felony. 12 3. A person who commits an assault, as defined in section 13 708.1 , against a peace officer, jailer, correctional or 14 juvenile detention staff, member or employee of the board 15 of parole, health care provider, employee of the department 16 of health and human services, employee of the department of 17 revenue, national guard member engaged in national guard duty 18 or state active duty, civilian employee of a law enforcement 19 agency, civilian employee of a fire department, or fire 20 fighter, whether paid or volunteer, who knows that the person 21 against whom the assault is committed is a peace officer, 22 jailer, correctional or juvenile detention staff, member or 23 employee of the board of parole, health care provider, employee 24 of the department of health and human services, employee of 25 the department of revenue, national guard member engaged in 26 national guard duty or state active duty, civilian employee 27 of a law enforcement agency, civilian employee of a fire 28 department, or fire fighter, and who causes bodily injury or 29 mental illness, is guilty of an aggravated misdemeanor a class 30 “D” felony . 31 4. Any other assault, as defined in section 708.1 , including 32 an assault causing another to come into contact with saliva by 33 throwing, tossing, spitting, or expelling the fluid, committed 34 against a peace officer, jailer, correctional or juvenile 35 -2- LSB 1057HV (2) 91 as/js 2/ 5

H.F. 177 detention staff, member or employee of the board of parole, 1 health care provider, employee of the department of health and 2 human services, employee of the department of revenue, national 3 guard member engaged in national guard duty or state active 4 duty, civilian employee of a law enforcement agency, civilian 5 employee of a fire department, or fire fighter, whether paid 6 or volunteer, by a person who knows that the person against 7 whom the assault is committed is a peace officer, jailer, 8 correctional or juvenile detention staff, member or employee 9 of the board of parole, health care provider, employee of 10 the department of health and human services, employee of 11 the department of revenue, national guard member engaged in 12 national guard duty or state active duty, civilian employee 13 of a law enforcement agency, civilian employee of a fire 14 department, or fire fighter, is a serious an aggravated 15 misdemeanor. A person convicted of violating this subsection 16 shall serve a minimum term of seven days of the sentence 17 imposed by law, and shall not be eligible for suspension of the 18 minimum sentence. 19 Sec. 2. Section 708.3B, Code 2025, is amended to read as 20 follows: 21 708.3B Inmate assaults —— bodily fluids or secretions. 22 A person who, while confined in a jail or in an institution 23 or facility under the control of the department of corrections, 24 commits any of the following acts commits a class “D” felony: 25 1. An assault, as defined under section 708.1 , upon an 26 employee of the jail or institution or facility under the 27 control of the department of corrections , which that results 28 in the employee’s contact with blood, seminal fluid, urine, 29 saliva, or feces. 30 2. An act which that is intended to cause pain or injury 31 or be insulting or offensive and which that results in blood, 32 seminal fluid, urine, saliva, or feces being cast or expelled 33 upon an employee of the jail or institution or facility under 34 the control of the department of corrections. 35 -3- LSB 1057HV (2) 91 as/js 3/ 5

H.F. 177 EXPLANATION 1 The inclusion of this explanation does not constitute agreement with 2 the explanation’s substance by the members of the general assembly. 3 This bill relates to assaults, including assaults on 4 persons engaged in certain occupations and inmate assaults on 5 department of corrections employees. 6 Current law provides enhanced penalties for an assault, 7 as defined in Code section 708.1, against persons engaged 8 in certain occupations including a peace officer, jailer, 9 correctional staff, member or employee of the board of parole, 10 health care provider, employee of the department of health and 11 human services, employee of the department of revenue, national 12 guard member engaged in national guard duty or state active 13 duty, civilian employee of a law enforcement agency, civilian 14 employee of a fire department, or fire fighter, whether paid 15 or volunteer. 16 The bill adds juvenile detention staff to the occupations 17 listed. 18 The bill increases the currently applicable penalties by one 19 degree. A person who assaults a person engaged in one of the 20 listed occupations with knowledge of the person’s occupation 21 and the intent to inflict a serious injury upon such person is 22 guilty of a class “C” felony. A person who, while assaulting 23 a person engaged in one of the listed occupations, uses or 24 displays a dangerous weapon in connection with the assault is 25 guilty of a class “C” felony. A person who, while assaulting a 26 person engaged in one of the listed occupations, causes bodily 27 injury or mental illness is guilty of a class “D” felony. 28 The bill provides that any other assault, including an 29 assault causing another to come into contact with saliva by 30 throwing, tossing, spitting, or expelling the fluid, committed 31 against a person engaged in one of the listed occupations is an 32 aggravated misdemeanor. A person convicted of violating the 33 provision is required to serve a minimum term of seven days of 34 the sentence imposed by law, and is not eligible for suspension 35 -4- LSB 1057HV (2) 91 as/js 4/ 5

H.F. 177 of the minimum sentence. 1 The bill provides that a person who, while confined in 2 a jail, institution, or facility under the control of the 3 department of corrections, commits an assault upon an employee 4 of the jail, institution, or facility that results in the 5 employee’s contact with blood, seminal fluid, urine, saliva, or 6 feces, or who commits an act that is intended to cause pain or 7 injury or be insulting or offensive and that results in blood, 8 seminal fluid, urine, saliva, or feces being cast or expelled 9 upon an employee, commits a class “D” felony. Current law does 10 not include saliva in the list of bodily fluids or secretions. 11 A class “C” felony is punishable by confinement for no more 12 than 10 years and a fine of at least $1,370 but not more than 13 $13,660. A class “D” felony is punishable by confinement for 14 no more than five years and a fine of at least $1,025 but not 15 more than $10,245. An aggravated misdemeanor is punishable by 16 confinement for no more than two years and a fine of at least 17 $855 but not more than $8,540. 18 -5- LSB 1057HV (2) 91 as/js 5/ 5