H.F. 2726 Section 1. Section 708.3A, Code 2026, is amended by striking 1 the section and inserting in lieu thereof the following: 2 708.3A Assaults on members of protected occupations. 3 1. For purposes of this section, unless the context 4 otherwise requires: 5 a. “Assault” means the same as defined in section 708.1. 6 b. “Correctional staff” means a person, who is not a peace 7 officer, who is employed by the department of corrections or 8 a judicial district department of correctional services to 9 work at or in a correctional institution, community-based 10 correctional facility, or an institution under the management 11 of the Iowa department of corrections that is used for the 12 purposes of confinement of persons who have committed public 13 offenses. 14 c. “Employee of the department of health and human services” 15 means a person who is an employee of an institution controlled 16 by the director of health and human services that is listed in 17 section 218.1, or who is an employee of the civil commitment 18 unit for sex offenders operated by the department of health and 19 human services. A person who commits an assault under this 20 section against an employee of the department of health and 21 human services at a department of health and human services 22 institution or unit is presumed to know that the person against 23 whom the assault is committed is an employee of the department 24 of health and human services. 25 d. “Employee of the department of revenue” means a person 26 who is employed as an auditor, agent, tax collector, or any 27 contractor or representative acting in the same capacity. The 28 employee, contractor, or representative shall maintain current 29 identification indicating that the person is an employee, 30 contractor, or representative of the department. 31 e. “Health care provider” means an emergency medical care 32 provider as defined in section 147A.1, or a person licensed 33 or registered under chapter 148, 148C, 148D, or 152, who is 34 providing or who is attempting to provide emergency medical 35 -1- LSB 6075YH (4) 91 ak/ko 1/ 4

H.F. 2726 services as defined in section 147A.1, or anyone who is 1 working, volunteering, or participating in an educational 2 course of instruction at a hospital or rural emergency hospital 3 as defined in section 135B.1, or at a nursing facility as 4 defined in section 135C.1. A person who commits an assault 5 under this section against a health care provider in a 6 hospital, or at the scene or during out-of-hospital patient 7 transportation in an ambulance, is presumed to know that the 8 person against whom the assault is committed is a health care 9 provider. 10 f. “Jailer” means a person, who is not a peace officer, 11 who is employed by a county or other political subdivision 12 of the state to work at a county jail or other facility used 13 for purposes of the confinement of persons who have committed 14 public offenses. 15 g. “Member of a protection occupation” means a person who 16 is a peace officer; a jailer; correctional staff; juvenile 17 detention staff; a member or employee of the board of parole; 18 a health care provider; an employee of the department of 19 health and human services; an employee of the department of 20 inspections, appeals, and licensing who conducts investigations 21 or inspections; an employee of the department of revenue; a 22 national guard member engaged in national guard duty or state 23 active duty; a civilian employee of a law enforcement agency; 24 a civilian employee of a fire department; or a fire fighter, 25 whether paid or volunteer. 26 h. “National guard” means the same as defined in section 27 29A.1. 28 i. “National guard duty” means the same as defined in 29 section 29A.1. 30 j. “State active duty” means the same as defined in section 31 29A.1. 32 2. An assault against a member of a protected occupation 33 with the knowledge that the person against whom the assault is 34 committed is a member of a protected occupation is a class “C” 35 -2- LSB 6075YH (4) 91 ak/ko 2/ 4

H.F. 2726 felony. 1 3. An assault against a member of a protected occupation 2 using or displaying a dangerous weapon is a class “C” felony. 3 4. An assault against a member of a protected occupation 4 that causes bodily injury or mental illness is a class “D” 5 felony. 6 5. Any other assault, including an assault causing another 7 to come into contact with saliva by throwing, tossing, 8 spitting, or expelling the fluid, committed against a member of 9 a protected occupation is an aggravated misdemeanor. A person 10 convicted of violating this subsection shall serve a minimum 11 term of seven days of the sentence imposed by law, and shall 12 not be eligible for deferral or suspension of the minimum term 13 of seven days. 14 6. a. A person who is a victim of an assault under 15 subsection 2, 3, 4, or 5 that resulted in the victim coming in 16 contact with the blood, seminal fluid, urine, saliva, or feces 17 of the person committing the assault, when there is reason to 18 believe that the person committing the assault has or may have 19 a communicable disease, may request that law enforcement make 20 application to the court for the issuance of a search warrant, 21 in accordance with chapter 808, for the purpose of requiring 22 the person committing the assault to submit to testing by a 23 medical professional for communicable diseases. 24 b. The medical professional conducting testing of the person 25 committing the assault for communicable diseases shall, as soon 26 as practicable upon receipt of the test results, contact the 27 victim of the assault with the test results. 28 EXPLANATION 29 The inclusion of this explanation does not constitute agreement with 30 the explanation’s substance by the members of the general assembly. 31 Under current law, a person who commits an assault against 32 a person who is a member of certain occupations is subject 33 to specific criminal penalties based on the circumstances 34 surrounding the assault. 35 -3- LSB 6075YH (4) 91 ak/ko 3/ 4

H.F. 2726 This bill defines “assault” and “member of a protected 1 occupation”. 2 The bill provides that an assault against a member of a 3 protected occupation when the person committing the assault 4 knows the person is a member of a protected occupation is 5 a class “C” felony. A class “C” felony is punishable by 6 confinement for no more than 10 years and a fine of at least 7 $1,370 but not more than $13,660. An assault against a member 8 of a protected occupation when the person committing the 9 assault uses or displays a weapon, or the person causes bodily 10 injury or mental illness, is a class “D” felony. A class “D” 11 felony is punishable by confinement for no more than five years 12 and a fine of at least $1,025 but not more than $10,245. Any 13 other assault, including an assault causing another to come in 14 contact with saliva, committed against a member of a protected 15 occupation is an aggravated misdemeanor. An aggravated 16 misdemeanor is punishable by confinement for no more than two 17 years and a fine of at least $855 but not more than $8,540. 18 Under the bill, a person must serve a minimum of seven days of 19 confinement and is not eligible for deferral or suspension of 20 the seven days minimum confinement. 21 The bill allows a person that is a member of a protected 22 occupation who is a victim of an assault (victim) that results 23 in contact with blood, seminal fluid, urine, saliva, or feces 24 of the assailant when the assailant has or is reasonably 25 believed may have a communicable disease to request that 26 a search warrant be issued requiring testing by a medical 27 professional of the assailant for communicable diseases. Upon 28 receipt of the test results, the medical professional that 29 conducted the testing for communicable disease of the assailant 30 shall contact the victim as soon as practicable to inform the 31 victim of the test results. 32 -4- LSB 6075YH (4) 91 ak/ko 4/ 4