House File 2751 - Reprinted HOUSE FILE 2751 BY COMMITTEE ON WAYS AND MEANS (SUCCESSOR TO HF 2728) (As Amended and Passed by the House April 6, 2026 ) A BILL FOR An Act relating to criminal acts against persons in certain 1 occupations, including testing for communicable diseases 2 for certain persons who have committed an assault against 3 a member of a protected occupation, certain public safety 4 personnel, including confidentiality of peer support 5 communications for public safety officers and civilian 6 employees, and obstructing first responders, and providing 7 penalties. 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 9 HF 2751 (2) 91 as/js/md

H.F. 2751 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- HF 2751 (2) 91 as/js/md 1/ 7

H.F. 2751 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- HF 2751 (2) 91 as/js/md 2/ 7

H.F. 2751 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 Sec. 2. Section 80F.1, Code 2026, is amended by adding the 29 following new subsection: 30 NEW SUBSECTION . 2A. This section shall not be construed to 31 require the disclosure, use, or consideration of a confidential 32 communication protected under chapter 622C in any informal 33 inquiry, formal administrative investigation, disciplinary 34 proceeding, or Brady-Giglio determination. 35 -3- HF 2751 (2) 91 as/js/md 3/ 7

H.F. 2751 Sec. 3. Section 622.10, subsection 9, paragraph a, Code 1 2026, is amended to read as follows: 2 a. A peer support group counselor or individual present 3 for a individual or group crisis intervention who obtains 4 information from an officer or a civilian employee of a law 5 enforcement agency , emergency management agency, emergency 6 medical services agency, or fire department by reason of the 7 counselor’s capacity as a peer support group counselor or 8 an individual’s presence for a individual or group crisis 9 intervention shall not be allowed , in giving testimony, to 10 disclose any confidential communication properly entrusted 11 to the counselor or individual present for a group crisis 12 intervention by the officer or civilian employee while 13 receiving counseling or group crisis intervention pursuant to 14 chapter 622C except as provided pursuant to section 622C.2, 15 subsection 3 . 16 Sec. 4. NEW SECTION . 622C.1 Definitions. 17 As used in this chapter, unless the context otherwise 18 requires: 19 1. “Civilian employee” means an employee of a law 20 enforcement agency, emergency management agency, emergency 21 medical services agency, or fire department who is not an 22 officer. 23 2. “Confidential communication” means any oral, written, or 24 recorded communication made by an officer or civilian employee 25 to a peer support counselor while receiving peer support 26 services or crisis intervention, whether the communication is 27 made individually or in a group setting. 28 3. “Officer” means a certified law enforcement officer, 29 fire fighter, fire marshal, emergency medical technician, 30 paramedic, medical provider, corrections officer, detention 31 officer, jailer, probation or parole officer, public safety 32 telecommunicator, dispatcher, emergency management coordinator 33 under chapter 29C, or any other public safety employee 34 certified by the Iowa law enforcement academy or state fire 35 -4- HF 2751 (2) 91 as/js/md 4/ 7

H.F. 2751 marshal and employed by a city, county, or state agency. 1 4. “Peer support counselor” means a law enforcement officer, 2 fire fighter, emergency medical services provider, public 3 safety telecommunicator, dispatcher, civilian employee of a law 4 enforcement or fire department, or a nonemployee counselor who 5 has been designated as a peer support counselor by a sheriff, 6 police chief, fire chief, emergency medical services director, 7 or department head of a public safety agency, and who has 8 received training to provide emotional and moral support, 9 counseling, or crisis intervention to officers and civilian 10 employees affected by stress or trauma arising from official 11 duties. 12 Sec. 5. NEW SECTION . 622C.2 Confidential peer support 13 communications —— exceptions. 14 1. Except as provided in subsection 3, a peer support 15 counselor or individual who is present for a confidential 16 communication from an officer or civilian employee during 17 a peer support or crisis intervention session shall not be 18 permitted to testify or otherwise disclose any confidential 19 communication properly entrusted to the peer support counselor 20 or individual, or made in the peer support counselor’s or 21 individual’s presence by an officer or civilian employee 22 receiving peer support services. 23 2. Except as provided in subsection 3, a confidential 24 communication obtained by a peer support counselor during 25 the provision of peer support services or by an individual 26 present for a confidential communication shall not be used 27 or introduced in any formal administrative investigation, 28 disciplinary proceeding, or Brady-Giglio disclosure or 29 proceeding. 30 3. A peer support counselor or an individual present for a 31 confidential communication may testify or otherwise disclose a 32 confidential communication if the confidential communication 33 includes any of the following: 34 a. A plan for the commission of a crime or information 35 -5- HF 2751 (2) 91 as/js/md 5/ 7

H.F. 2751 related to the commission of a crime by the officer or civilian 1 employee. 2 b. An explicit threat of harm to the officer, civilian 3 employee, or to another person. 4 c. Information for which disclosure is otherwise required by 5 law, including but not limited to mandatory reporting of child 6 abuse or dependent adult abuse. 7 Sec. 6. NEW SECTION . 622C.3 Construction. 8 1. This chapter shall not be construed to limit an 9 employer’s authority to direct an employee to an employee 10 assistance program or to require a fitness-for-duty evaluation. 11 2. This chapter shall be construed liberally to promote 12 candid and confidential communications during peer support 13 services for public safety professionals. 14 Sec. 7. NEW SECTION . 719.1B Obstructing first responder 15 after warning. 16 1. As used in this section: 17 a. “First responder” means a law enforcement officer, a 18 probation or parole officer, a fire fighter, or an emergency 19 medical care provider. 20 b. “Harass” means to willfully engage in a course of 21 conduct directed at a first responder that intentionally causes 22 substantial emotional distress in the first responder and 23 serves no legitimate purpose. 24 2. a. A person shall not, after receiving a verbal 25 warning not to approach from an individual the person knows or 26 reasonably should know is a first responder who is engaged in 27 the lawful performance of a legal duty, knowingly and willfully 28 violate the warning and approach or remain within twenty-five 29 feet of the first responder with the intent to do any of the 30 following: 31 (1) Impede or interfere with the first responder’s ability 32 to perform the first responder’s duty. 33 (2) Threaten the first responder with physical harm. 34 (3) Harass the first responder. 35 -6- HF 2751 (2) 91 as/js/md 6/ 7