S.F. 397 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 inspections, appeals, and licensing who conducts investigations 8 or inspections, employee of the department of revenue, national 9 guard member engaged in national guard duty or state active 10 duty, civilian employee of a law enforcement agency, civilian 11 employee of a fire department, or fire fighter, whether paid or 12 volunteer, with the knowledge that the person against whom the 13 assault is committed is a peace officer, jailer, correctional 14 or 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 inspections, appeals, and licensing who conducts investigations 18 or inspections, employee of the department of revenue, national 19 guard member engaged in national guard duty or state active 20 duty, civilian employee of a law enforcement agency, civilian 21 employee of a fire department, or fire fighter and with the 22 intent to inflict a serious injury upon the peace officer, 23 jailer, correctional or juvenile detention staff, member or 24 employee of the board of parole, health care provider, employee 25 of the department of health and human services, employee of the 26 department of inspections, appeals, and licensing who conducts 27 investigations or inspections, employee of the department of 28 revenue, national guard member engaged in national guard duty 29 or state active duty, civilian employee of a law enforcement 30 agency, civilian employee of a fire department, or fire 31 fighter, is guilty of a class “D” “C” felony. 32 2. A person who commits an assault, as defined in section 33 708.1 , against a peace officer, jailer, correctional or 34 juvenile detention staff, member or employee of the board 35 -1- LSB 1057SV (2) 91 as/js 1/ 5

S.F. 397 of parole, health care provider, employee of the department 1 of health and human services, employee of the department of 2 inspections, appeals, and licensing who conducts investigations 3 or inspections, employee of the department of revenue, national 4 guard member engaged in national guard duty or state active 5 duty, civilian employee of a law enforcement agency, civilian 6 employee of a fire department, or fire fighter, whether paid 7 or volunteer, who knows that the person against whom the 8 assault is committed is a peace officer, jailer, correctional 9 or juvenile detention staff, member or employee of the board 10 of parole, health care provider, employee of the department 11 of health and human services, employee of the department of 12 inspections, appeals, and licensing who conducts investigations 13 or inspections, employee of the department of revenue, national 14 guard member engaged in national guard duty or state active 15 duty, civilian employee of a law enforcement agency, civilian 16 employee of a fire department, or fire fighter and who uses or 17 displays a dangerous weapon in connection with the assault, is 18 guilty of a class “D” “C” felony. 19 3. A person who commits an assault, as defined in section 20 708.1 , against a peace officer, jailer, correctional or 21 juvenile detention staff, member or employee of the board 22 of parole, health care provider, employee of the department 23 of health and human services, employee of the department of 24 inspections, appeals, and licensing who conducts investigations 25 or inspections, employee of the department of revenue, national 26 guard member engaged in national guard duty or state active 27 duty, civilian employee of a law enforcement agency, civilian 28 employee of a fire department, or fire fighter, whether paid 29 or volunteer, who knows that the person against whom the 30 assault is committed is a peace officer, jailer, correctional 31 or juvenile detention staff, member or employee of the board 32 of parole, health care provider, employee of the department 33 of health and human services, employee of the department of 34 inspections, appeals, and licensing who conducts investigations 35 -2- LSB 1057SV (2) 91 as/js 2/ 5

S.F. 397 or inspections, employee of the department of revenue, national 1 guard member engaged in national guard duty or state active 2 duty, civilian employee of a law enforcement agency, civilian 3 employee of a fire department, or fire fighter, and who causes 4 bodily injury or mental illness, is guilty of an aggravated 5 misdemeanor a class “D” felony . 6 4. Any other assault, as defined in section 708.1 , including 7 an assault causing another to come into contact with saliva 8 by throwing, tossing, spitting, or expelling the fluid, 9 committed against a peace officer, jailer, correctional or 10 juvenile detention staff, member or employee of the board 11 of parole, health care provider, employee of the department 12 of health and human services, employee of the department of 13 inspections, appeals, and licensing who conducts investigations 14 or inspections, employee of the department of revenue, national 15 guard member engaged in national guard duty or state active 16 duty, civilian employee of a law enforcement agency, civilian 17 employee of a fire department, or fire fighter, whether paid 18 or volunteer, by a person who knows that the person against 19 whom the assault is committed is a peace officer, jailer, 20 correctional or juvenile detention staff, member or employee 21 of the board of parole, health care provider, employee of 22 the department of health and human services, employee of the 23 department of inspections, appeals, and licensing who conducts 24 investigations or inspections, employee of the department of 25 revenue, national guard member engaged in national guard duty 26 or state active duty, civilian employee of a law enforcement 27 agency, civilian employee of a fire department, or fire 28 fighter, is a serious an aggravated misdemeanor. A person 29 convicted of violating this subsection shall serve a minimum 30 term of seven days of the sentence imposed by law, and shall 31 not be eligible for suspension of the minimum sentence. 32 Sec. 2. Section 708.3B, Code 2025, is amended to read as 33 follows: 34 708.3B Inmate assaults —— bodily fluids or secretions. 35 -3- LSB 1057SV (2) 91 as/js 3/ 5

S.F. 397 A person who, while confined in a jail or in an institution 1 or facility under the control of the department of corrections, 2 commits any of the following acts commits a class “D” felony: 3 1. An assault, as defined under section 708.1 , upon an 4 employee of the jail or institution or facility under the 5 control of the department of corrections , which that results 6 in the employee’s contact with blood, seminal fluid, urine, 7 saliva, or feces. 8 2. An act which that is intended to cause pain or injury 9 or be insulting or offensive and which that results in blood, 10 seminal fluid, urine, saliva, or feces being cast or expelled 11 upon an employee of the jail or institution or facility under 12 the control of the department of corrections. 13 EXPLANATION 14 The inclusion of this explanation does not constitute agreement with 15 the explanation’s substance by the members of the general assembly. 16 This bill relates to assaults, including assaults on 17 persons engaged in certain occupations and inmate assaults on 18 department of corrections employees. 19 Current law provides enhanced penalties for an assault, 20 as defined in Code section 708.1, against persons engaged 21 in certain occupations including a peace officer, jailer, 22 correctional staff, member or employee of the board of parole, 23 health care provider, employee of the department of health and 24 human services, employee of the department of revenue, national 25 guard member engaged in national guard duty or state active 26 duty, civilian employee of a law enforcement agency, civilian 27 employee of a fire department, or fire fighter, whether paid 28 or volunteer. 29 The bill increases the currently applicable penalties by one 30 degree. A person who assaults a person engaged in one of the 31 listed occupations with knowledge of the person’s occupation 32 and the intent to inflict a serious injury upon such person is 33 guilty of a class “C” felony. A person who, while assaulting 34 a person engaged in one of the listed occupations, uses or 35 -4- LSB 1057SV (2) 91 as/js 4/ 5

S.F. 397 displays a dangerous weapon in connection with the assault is 1 guilty of a class “C” felony. A person who, while assaulting a 2 person engaged in one of the listed occupations, causes bodily 3 injury or mental illness is guilty of a class “D” felony. 4 The bill adds an employee of the department of inspections, 5 appeals, and licensing, who conducts investigations or 6 inspections, and juvenile detention staff to the list of 7 occupations. 8 The bill provides that any other assault, including an 9 assault causing another to come into contact with saliva by 10 throwing, tossing, spitting, or expelling the fluid, committed 11 against a person engaged in one of the listed occupations is an 12 aggravated misdemeanor. A person convicted of violating the 13 provision is required to serve a minimum term of seven days of 14 the sentence imposed by law, and is not eligible for suspension 15 of the minimum sentence. 16 The bill provides that a person who, while confined in 17 a jail, institution, or facility under the control of the 18 department of corrections, commits an assault upon an employee 19 of the jail, institution, or facility that results in the 20 employee’s contact with blood, seminal fluid, urine, saliva, or 21 feces, or who commits an act that is intended to cause pain or 22 injury or be insulting or offensive and that results in blood, 23 seminal fluid, urine, saliva, or feces being cast or expelled 24 upon an employee, commits a class “D” felony. Current law does 25 not include saliva in the list of bodily fluids or secretions. 26 A class “C” felony is punishable by confinement for no more 27 than 10 years and a fine of at least $1,370 but not more than 28 $13,660. A class “D” felony is punishable by confinement for 29 no more than five years and a fine of at least $1,025 but not 30 more than $10,245. An aggravated misdemeanor is punishable by 31 confinement for no more than two years and a fine of at least 32 $855 but not more than $8,540. 33 -5- LSB 1057SV (2) 91 as/js 5/ 5