Senate
Study
Bill
3156
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
SCHULTZ)
A
BILL
FOR
An
Act
relating
to
assaults
on
persons
engaged
in
certain
1
occupations
and
harassment
against
public
utility
employees
2
or
contractors,
and
making
penalties
applicable.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
708.3A,
subsections
1,
2,
3,
and
4,
Code
1
2026,
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
12
or
volunteer,
or
employee
or
contractor
of
a
public
utility
13
engaged
in
the
performance
of
a
public
utility
responsibility,
14
with
the
knowledge
that
the
person
against
whom
the
assault
15
is
committed
is
a
peace
officer,
jailer,
correctional
or
16
juvenile
detention
staff,
member
or
employee
of
the
board
17
of
parole,
health
care
provider,
employee
of
the
department
18
of
health
and
human
services,
employee
of
the
department
of
19
inspections,
appeals,
and
licensing
who
conducts
investigations
20
or
inspections,
employee
of
the
department
of
revenue,
national
21
guard
member
engaged
in
national
guard
duty
or
state
active
22
duty,
civilian
employee
of
a
law
enforcement
agency,
civilian
23
employee
of
a
fire
department,
or
fire
fighter
,
or
employee
or
24
contractor
of
a
public
utility
and
with
the
intent
to
inflict
25
a
serious
injury
upon
the
peace
officer,
jailer,
correctional
26
or
juvenile
detention
staff,
member
or
employee
of
the
board
27
of
parole,
health
care
provider,
employee
of
the
department
28
of
health
and
human
services,
employee
of
the
department
of
29
inspections,
appeals,
and
licensing
who
conducts
investigations
30
or
inspections,
employee
of
the
department
of
revenue,
national
31
guard
member
engaged
in
national
guard
duty
or
state
active
32
duty,
civilian
employee
of
a
law
enforcement
agency,
civilian
33
employee
of
a
fire
department,
or
fire
fighter,
or
employee
34
or
contractor
of
a
public
utility,
is
guilty
of
a
class
“C”
35
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felony.
1
2.
A
person
who
commits
an
assault,
as
defined
in
section
2
708.1
,
against
a
peace
officer,
jailer,
correctional
or
3
juvenile
detention
staff,
member
or
employee
of
the
board
4
of
parole,
health
care
provider,
employee
of
the
department
5
of
health
and
human
services,
employee
of
the
department
of
6
inspections,
appeals,
and
licensing
who
conducts
investigations
7
or
inspections,
employee
of
the
department
of
revenue,
national
8
guard
member
engaged
in
national
guard
duty
or
state
active
9
duty,
civilian
employee
of
a
law
enforcement
agency,
civilian
10
employee
of
a
fire
department,
or
fire
fighter,
whether
paid
11
or
volunteer,
or
employee
or
contractor
of
a
public
utility
12
engaged
in
the
performance
of
a
public
utility
responsibility,
13
who
knows
that
the
person
against
whom
the
assault
is
committed
14
is
a
peace
officer,
jailer,
correctional
or
juvenile
detention
15
staff,
member
or
employee
of
the
board
of
parole,
health
care
16
provider,
employee
of
the
department
of
health
and
human
17
services,
employee
of
the
department
of
inspections,
appeals,
18
and
licensing
who
conducts
investigations
or
inspections,
19
employee
of
the
department
of
revenue,
national
guard
member
20
engaged
in
national
guard
duty
or
state
active
duty,
civilian
21
employee
of
a
law
enforcement
agency,
civilian
employee
of
a
22
fire
department,
or
fire
fighter
,
or
employee
or
contractor
of
23
a
public
utility
and
who
uses
or
displays
a
dangerous
weapon
in
24
connection
with
the
assault,
is
guilty
of
a
class
“C”
felony.
25
3.
A
person
who
commits
an
assault,
as
defined
in
section
26
708.1
,
against
a
peace
officer,
jailer,
correctional
or
27
juvenile
detention
staff,
member
or
employee
of
the
board
28
of
parole,
health
care
provider,
employee
of
the
department
29
of
health
and
human
services,
employee
of
the
department
of
30
inspections,
appeals,
and
licensing
who
conducts
investigations
31
or
inspections,
employee
of
the
department
of
revenue,
national
32
guard
member
engaged
in
national
guard
duty
or
state
active
33
duty,
civilian
employee
of
a
law
enforcement
agency,
civilian
34
employee
of
a
fire
department,
or
fire
fighter,
whether
paid
35
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or
volunteer,
or
employee
or
contractor
of
a
public
utility
1
engaged
in
the
performance
of
a
public
utility
responsibility,
2
who
knows
that
the
person
against
whom
the
assault
is
committed
3
is
a
peace
officer,
jailer,
correctional
or
juvenile
detention
4
staff,
member
or
employee
of
the
board
of
parole,
health
care
5
provider,
employee
of
the
department
of
health
and
human
6
services,
employee
of
the
department
of
inspections,
appeals,
7
and
licensing
who
conducts
investigations
or
inspections,
8
employee
of
the
department
of
revenue,
national
guard
member
9
engaged
in
national
guard
duty
or
state
active
duty,
civilian
10
employee
of
a
law
enforcement
agency,
civilian
employee
of
a
11
fire
department,
or
fire
fighter,
or
employee
or
contractor
12
of
a
public
utility,
and
who
causes
bodily
injury
or
mental
13
illness,
is
guilty
of
a
class
“D”
felony.
14
4.
Any
other
assault,
as
defined
in
section
708.1
,
including
15
an
assault
causing
another
to
come
into
contact
with
saliva
16
by
throwing,
tossing,
spitting,
or
expelling
the
fluid,
17
committed
against
a
peace
officer,
jailer,
correctional
or
18
juvenile
detention
staff,
member
or
employee
of
the
board
19
of
parole,
health
care
provider,
employee
of
the
department
20
of
health
and
human
services,
employee
of
the
department
of
21
inspections,
appeals,
and
licensing
who
conducts
investigations
22
or
inspections,
employee
of
the
department
of
revenue,
national
23
guard
member
engaged
in
national
guard
duty
or
state
active
24
duty,
civilian
employee
of
a
law
enforcement
agency,
civilian
25
employee
of
a
fire
department,
or
fire
fighter,
whether
paid
26
or
volunteer,
or
employee
or
contractor
of
a
public
utility
27
engaged
in
the
performance
of
a
public
utility
responsibility,
28
by
a
person
who
knows
that
the
person
against
whom
the
assault
29
is
committed
is
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
inspections,
appeals,
and
licensing
who
conducts
investigations
34
or
inspections,
employee
of
the
department
of
revenue,
national
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guard
member
engaged
in
national
guard
duty
or
state
active
1
duty,
civilian
employee
of
a
law
enforcement
agency,
civilian
2
employee
of
a
fire
department,
or
fire
fighter,
or
employee
or
3
contractor
of
a
public
utility,
is
an
aggravated
misdemeanor.
4
A
person
convicted
of
violating
this
subsection
shall
serve
a
5
minimum
term
of
seven
days
of
the
sentence
imposed
by
law,
and
6
shall
not
be
eligible
for
suspension
of
the
minimum
sentence.
7
Sec.
2.
Section
708.7,
subsection
2,
paragraph
a,
Code
2026,
8
is
amended
by
adding
the
following
new
subparagraph:
9
NEW
SUBPARAGRAPH
.
(5)
Harassment
that
occurs
against
an
10
employee
or
contractor
of
a
public
utility
while
engaged
in
the
11
performance
of
a
public
utility
responsibility.
12
EXPLANATION
13
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
14
the
explanation’s
substance
by
the
members
of
the
general
assembly.
15
This
bill
relates
to
assaults
on
persons
engaged
in
certain
16
occupations
and
harassment
against
public
utility
employees
or
17
contractors.
18
The
bill
adds
an
employee
or
contractor
of
a
public
utility
19
engaged
in
the
performance
of
a
public
utility
responsibility
20
to
the
list
of
occupations
that
are
protected
by
enhanced
21
assault
penalties.
The
penalty
for
assault
against
an
employee
22
or
contractor
of
a
public
utility
ranges
from
an
aggravated
23
misdemeanor
to
a
class
“C”
felony
depending
on
the
nature
of
24
the
assault.
A
class
“C”
felony
is
punishable
by
confinement
25
for
no
more
than
10
years
and
a
fine
of
at
least
$1,370
but
26
not
more
than
$13,660.
A
class
“D”
felony
is
punishable
by
27
confinement
for
no
more
than
five
years
and
a
fine
of
at
least
28
$1,025
but
not
more
than
$10,245.
An
aggravated
misdemeanor
is
29
punishable
by
confinement
for
no
more
than
two
years
and
a
fine
30
of
at
least
$855
but
not
more
than
$8,540.
31
The
bill
provides
that
harassment
that
occurs
against
an
32
employee
or
contractor
of
a
public
utility
while
engaged
in
the
33
performance
of
a
public
utility
responsibility
is
harassment
34
in
the
first
degree.
Harassment
in
the
first
degree
is
an
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aggravated
misdemeanor.
1
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