HF 2726 (LSB 6075YH (4) 91)

HOUSE FILE 2726

BY  GJERDE

A BILL FOR

An Act relating to testing for communicable diseases for certain persons who have committed an assault against a member of a protected occupation, and including penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 708.3A, Code 2026, is amended by striking the section and inserting in lieu thereof the following:
   708.3A  Assaults on members of protected occupations.
   1.  For purposes of this section, unless the context otherwise requires:
   a.  “Assault” means the same as defined in section 708.1.
   b.  “Correctional staff” means a person, who is not a peace officer, who is employed by the department of corrections or a judicial district department of correctional services to work at or in a correctional institution, community-based correctional facility, or an institution under the management of the Iowa department of corrections that is used for the purposes of confinement of persons who have committed public offenses.
   c.  “Employee of the department of health and human services” means a person who is an employee of an institution controlled by the director of health and human services that is listed in section 218.1, or who is an employee of the civil commitment unit for sex offenders operated by the department of health and human services. A person who commits an assault under this section against an employee of the department of health and human services at a department of health and human services institution or unit is presumed to know that the person against whom the assault is committed is an employee of the department of health and human services.
   d.  “Employee of the department of revenue” means a person who is employed as an auditor, agent, tax collector, or any contractor or representative acting in the same capacity. The employee, contractor, or representative shall maintain current identification indicating that the person is an employee, contractor, or representative of the department.
   e.  “Health care provider” means an emergency medical care provider as defined in section 147A.1, or a person licensed or registered under chapter 148, 148C, 148D, or 152, who is providing or who is attempting to provide emergency medical services as defined in section 147A.1, or anyone who is working, volunteering, or participating in an educational course of instruction at a hospital or rural emergency hospital as defined in section 135B.1, or at a nursing facility as defined in section 135C.1. 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.
   f.  “Jailer” means a person, who is not a peace officer, who is employed by a county or other political subdivision of the state to work at a county jail or other facility used for purposes of the confinement of persons who have committed public offenses.
   g.  “Member of a protection occupation” means a person who is a peace officer; a jailer; correctional staff; juvenile detention staff; a member or employee of the board of parole; a health care provider; an employee of the department of health and human services; an employee of the department of inspections, appeals, and licensing who conducts investigations or inspections; an employee of the department of revenue; a national guard member engaged in national guard duty or state active duty; a civilian employee of a law enforcement agency; a civilian employee of a fire department; or a fire fighter, whether paid or volunteer.
   h.  “National guard” means the same as defined in section 29A.1.
   i.  “National guard duty” means the same as defined in section 29A.1.
   j.  “State active duty” means the same as defined in section 29A.1.
   2.  An assault against a member of a protected occupation with the knowledge that the person against whom the assault is committed is a member of a protected occupation is a class “C” felony.
   3.  An assault against a member of a protected occupation using or displaying a dangerous weapon is a class “C” felony.
   4.  An assault against a member of a protected occupation that causes bodily injury or mental illness is a class “D” felony.
   5.  Any other assault, including an assault causing another to come into contact with saliva by throwing, tossing, spitting, or expelling the fluid, committed against a member of a protected occupation is an aggravated misdemeanor. A person convicted of violating this subsection shall serve a minimum term of seven days of the sentence imposed by law, and shall not be eligible for deferral or suspension of the minimum term of seven days.
   6.  a.  A person who is a victim of an assault under subsection 2, 3, 4, or 5 that resulted in the victim coming in contact with the blood, seminal fluid, urine, saliva, or feces of the person committing the assault, when there is reason to believe that the person committing the assault has or may have a communicable disease, may request that law enforcement make application to the court for the issuance of a search warrant, in accordance with chapter 808, for the purpose of requiring the person committing the assault to submit to testing by a medical professional for communicable diseases.
   b.  The medical professional conducting testing of the person committing the assault for communicable diseases shall, as soon as practicable upon receipt of the test results, contact the victim of the assault with the test results.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Under current law, a person who commits an assault against a person who is a member of certain occupations is subject to specific criminal penalties based on the circumstances surrounding the assault.
   This bill defines “assault” and “member of a protected occupation”. 
   The bill provides that an assault against a member of a protected occupation when the person committing the assault knows the person is a member of a protected occupation is a class “C” felony. A class “C” felony is punishable by confinement for no more than 10 years and a fine of at least $1,370 but not more than $13,660. An assault against a member of a protected occupation when the person committing the assault uses or displays a weapon, or the person causes bodily injury or mental illness, is 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. Any other assault, including an assault causing another to come in contact with saliva, committed against a member of a protected occupation is 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. Under the bill, a person must serve a minimum of seven days of confinement and is not eligible for deferral or suspension of the seven days minimum confinement.
   The bill allows a person that is a member of a protected occupation who is a victim of an assault (victim) that results in contact with blood, seminal fluid, urine, saliva, or feces of the assailant when the assailant has or is reasonably believed may have a communicable disease to request that a search warrant be issued requiring testing by a medical professional of the assailant for communicable diseases. Upon receipt of the test results, the medical professional that conducted the testing for communicable disease of the assailant shall contact the victim as soon as practicable to inform the victim of the test results.