House File 777 - Reprinted



                                       HOUSE FILE       
                                       BY  COMMITTEE ON JUDICIARY

                                       (SUCCESSOR TO HF 625)


    Passed House, Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to testing a person for contagious or infectious
  2    disease if the person assaults a person by exchanging or
  3    attempting to exchange bodily fluids, and providing a penalty.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 HF 777
  6 jm/es/25

PAG LIN



  1  1    Section 1.  Section 356.48, Code 2005, is amended to read
  1  2 as follows:
  1  3    356.48  REQUIRED TEST.
  1  4    1.  A person confined to a jail or in the custody of a
  1  5 peace officer, who bites another person, who causes an
  1  6 exchange of bodily fluids with another person, or who causes
  1  7 any bodily secretion to be cast upon another person, shall
  1  8 submit to the withdrawal of a bodily specimen for testing to
  1  9 determine if the person is infected with a contagious or
  1 10 infectious disease as defined in section 141A.2.  The bodily
  1 11 specimen to be taken shall be determined by the attending
  1 12 physician of that the jail or the county medical examiner.
  1 13 The specimen taken shall be sent to the state hygienic
  1 14 laboratory at the state university at Iowa City or some other
  1 15 laboratory approved by the Iowa department of public health.
  1 16 If a person to be tested pursuant to this section refuses to
  1 17 submit to the withdrawal of a bodily specimen, application may
  1 18 be made by the sheriff, or person in charge of the jail to, or
  1 19 any potentially infected person may file an application with
  1 20 the district court for an order compelling the person that may
  1 21 have caused an infection to submit to the withdrawal and, if
  1 22 infected, to receive available treatment.  An order
  1 23 authorizing the withdrawal of a specimen for testing may be
  1 24 issued only by a district judge or district associate judge
  1 25 upon application by the sheriff, or person in charge of the
  1 26 jail, or any other potentially infected person.
  1 27    2.  A person who fails to comply with an order issued
  1 28 pursuant to this section is guilty of a serious misdemeanor.
  1 29    3.  Personnel at the jail shall be notified if a person
  1 30 confined is found to have a contagious or infectious disease.
  1 31    4.  The sheriff, or person in charge of the jail, or any
  1 32 other potentially infected person shall take any appropriate
  1 33 measure to prevent the transmittal of a contagious or
  1 34 infectious disease to other persons, including the segregation
  1 35 of.  The sheriff or person in charge of the jail shall also
  2  1 segregate a confined person who tests positive for acquired
  2  2 immune deficiency syndrome from other confined persons.
  2  3    For purposes of this section, "infectious disease" means
  2  4 any infectious condition which if spread by contamination
  2  5 would place others at serious health risk.
  2  6 HF 777
  2  7 jm:nh/es/25