Read the full stored bill text
House
File
177
-
Introduced
HOUSE
FILE
177
BY
COMMITTEE
ON
PUBLIC
SAFETY
(SUCCESSOR
TO
HSB
24)
A
BILL
FOR
An
Act
relating
to
assaults,
including
assaults
on
persons
1
engaged
in
certain
occupations
and
inmate
assaults
on
2
department
of
corrections
employees,
and
providing
3
penalties.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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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
revenue,
national
guard
member
engaged
in
national
guard
duty
8
or
state
active
duty,
civilian
employee
of
a
law
enforcement
9
agency,
civilian
employee
of
a
fire
department,
or
fire
10
fighter,
whether
paid
or
volunteer,
with
the
knowledge
that
11
the
person
against
whom
the
assault
is
committed
is
a
peace
12
officer,
jailer,
correctional
or
juvenile
detention
staff,
13
member
or
employee
of
the
board
of
parole,
health
care
14
provider,
employee
of
the
department
of
health
and
human
15
services,
employee
of
the
department
of
revenue,
national
16
guard
member
engaged
in
national
guard
duty
or
state
active
17
duty,
civilian
employee
of
a
law
enforcement
agency,
civilian
18
employee
of
a
fire
department,
or
fire
fighter
and
with
the
19
intent
to
inflict
a
serious
injury
upon
the
peace
officer,
20
jailer,
correctional
or
juvenile
detention
staff,
member
or
21
employee
of
the
board
of
parole,
health
care
provider,
employee
22
of
the
department
of
health
and
human
services,
employee
of
23
the
department
of
revenue,
national
guard
member
engaged
in
24
national
guard
duty
or
state
active
duty,
civilian
employee
25
of
a
law
enforcement
agency,
civilian
employee
of
a
fire
26
department,
or
fire
fighter,
is
guilty
of
a
class
“D”
“C”
27
felony.
28
2.
A
person
who
commits
an
assault,
as
defined
in
section
29
708.1
,
against
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
revenue,
national
guard
member
engaged
in
national
guard
duty
34
or
state
active
duty,
civilian
employee
of
a
law
enforcement
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177
agency,
civilian
employee
of
a
fire
department,
or
fire
1
fighter,
whether
paid
or
volunteer,
who
knows
that
the
person
2
against
whom
the
assault
is
committed
is
a
peace
officer,
3
jailer,
correctional
or
juvenile
detention
staff,
member
4
or
employee
of
the
board
of
parole,
health
care
provider,
5
employee
of
the
department
of
health
and
human
services,
6
employee
of
the
department
of
revenue,
national
guard
member
7
engaged
in
national
guard
duty
or
state
active
duty,
civilian
8
employee
of
a
law
enforcement
agency,
civilian
employee
of
a
9
fire
department,
or
fire
fighter
and
who
uses
or
displays
a
10
dangerous
weapon
in
connection
with
the
assault,
is
guilty
of
11
a
class
“D”
“C”
felony.
12
3.
A
person
who
commits
an
assault,
as
defined
in
section
13
708.1
,
against
a
peace
officer,
jailer,
correctional
or
14
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
revenue,
national
guard
member
engaged
in
national
guard
duty
18
or
state
active
duty,
civilian
employee
of
a
law
enforcement
19
agency,
civilian
employee
of
a
fire
department,
or
fire
20
fighter,
whether
paid
or
volunteer,
who
knows
that
the
person
21
against
whom
the
assault
is
committed
is
a
peace
officer,
22
jailer,
correctional
or
juvenile
detention
staff,
member
or
23
employee
of
the
board
of
parole,
health
care
provider,
employee
24
of
the
department
of
health
and
human
services,
employee
of
25
the
department
of
revenue,
national
guard
member
engaged
in
26
national
guard
duty
or
state
active
duty,
civilian
employee
27
of
a
law
enforcement
agency,
civilian
employee
of
a
fire
28
department,
or
fire
fighter,
and
who
causes
bodily
injury
or
29
mental
illness,
is
guilty
of
an
aggravated
misdemeanor
a
class
30
“D”
felony
.
31
4.
Any
other
assault,
as
defined
in
section
708.1
,
including
32
an
assault
causing
another
to
come
into
contact
with
saliva
by
33
throwing,
tossing,
spitting,
or
expelling
the
fluid,
committed
34
against
a
peace
officer,
jailer,
correctional
or
juvenile
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detention
staff,
member
or
employee
of
the
board
of
parole,
1
health
care
provider,
employee
of
the
department
of
health
and
2
human
services,
employee
of
the
department
of
revenue,
national
3
guard
member
engaged
in
national
guard
duty
or
state
active
4
duty,
civilian
employee
of
a
law
enforcement
agency,
civilian
5
employee
of
a
fire
department,
or
fire
fighter,
whether
paid
6
or
volunteer,
by
a
person
who
knows
that
the
person
against
7
whom
the
assault
is
committed
is
a
peace
officer,
jailer,
8
correctional
or
juvenile
detention
staff,
member
or
employee
9
of
the
board
of
parole,
health
care
provider,
employee
of
10
the
department
of
health
and
human
services,
employee
of
11
the
department
of
revenue,
national
guard
member
engaged
in
12
national
guard
duty
or
state
active
duty,
civilian
employee
13
of
a
law
enforcement
agency,
civilian
employee
of
a
fire
14
department,
or
fire
fighter,
is
a
serious
an
aggravated
15
misdemeanor.
A
person
convicted
of
violating
this
subsection
16
shall
serve
a
minimum
term
of
seven
days
of
the
sentence
17
imposed
by
law,
and
shall
not
be
eligible
for
suspension
of
the
18
minimum
sentence.
19
Sec.
2.
Section
708.3B,
Code
2025,
is
amended
to
read
as
20
follows:
21
708.3B
Inmate
assaults
——
bodily
fluids
or
secretions.
22
A
person
who,
while
confined
in
a
jail
or
in
an
institution
23
or
facility
under
the
control
of
the
department
of
corrections,
24
commits
any
of
the
following
acts
commits
a
class
“D”
felony:
25
1.
An
assault,
as
defined
under
section
708.1
,
upon
an
26
employee
of
the
jail
or
institution
or
facility
under
the
27
control
of
the
department
of
corrections
,
which
that
results
28
in
the
employee’s
contact
with
blood,
seminal
fluid,
urine,
29
saliva,
or
feces.
30
2.
An
act
which
that
is
intended
to
cause
pain
or
injury
31
or
be
insulting
or
offensive
and
which
that
results
in
blood,
32
seminal
fluid,
urine,
saliva,
or
feces
being
cast
or
expelled
33
upon
an
employee
of
the
jail
or
institution
or
facility
under
34
the
control
of
the
department
of
corrections.
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EXPLANATION
1
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
2
the
explanation’s
substance
by
the
members
of
the
general
assembly.
3
This
bill
relates
to
assaults,
including
assaults
on
4
persons
engaged
in
certain
occupations
and
inmate
assaults
on
5
department
of
corrections
employees.
6
Current
law
provides
enhanced
penalties
for
an
assault,
7
as
defined
in
Code
section
708.1,
against
persons
engaged
8
in
certain
occupations
including
a
peace
officer,
jailer,
9
correctional
staff,
member
or
employee
of
the
board
of
parole,
10
health
care
provider,
employee
of
the
department
of
health
and
11
human
services,
employee
of
the
department
of
revenue,
national
12
guard
member
engaged
in
national
guard
duty
or
state
active
13
duty,
civilian
employee
of
a
law
enforcement
agency,
civilian
14
employee
of
a
fire
department,
or
fire
fighter,
whether
paid
15
or
volunteer.
16
The
bill
adds
juvenile
detention
staff
to
the
occupations
17
listed.
18
The
bill
increases
the
currently
applicable
penalties
by
one
19
degree.
A
person
who
assaults
a
person
engaged
in
one
of
the
20
listed
occupations
with
knowledge
of
the
person’s
occupation
21
and
the
intent
to
inflict
a
serious
injury
upon
such
person
is
22
guilty
of
a
class
“C”
felony.
A
person
who,
while
assaulting
23
a
person
engaged
in
one
of
the
listed
occupations,
uses
or
24
displays
a
dangerous
weapon
in
connection
with
the
assault
is
25
guilty
of
a
class
“C”
felony.
A
person
who,
while
assaulting
a
26
person
engaged
in
one
of
the
listed
occupations,
causes
bodily
27
injury
or
mental
illness
is
guilty
of
a
class
“D”
felony.
28
The
bill
provides
that
any
other
assault,
including
an
29
assault
causing
another
to
come
into
contact
with
saliva
by
30
throwing,
tossing,
spitting,
or
expelling
the
fluid,
committed
31
against
a
person
engaged
in
one
of
the
listed
occupations
is
an
32
aggravated
misdemeanor.
A
person
convicted
of
violating
the
33
provision
is
required
to
serve
a
minimum
term
of
seven
days
of
34
the
sentence
imposed
by
law,
and
is
not
eligible
for
suspension
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177
of
the
minimum
sentence.
1
The
bill
provides
that
a
person
who,
while
confined
in
2
a
jail,
institution,
or
facility
under
the
control
of
the
3
department
of
corrections,
commits
an
assault
upon
an
employee
4
of
the
jail,
institution,
or
facility
that
results
in
the
5
employee’s
contact
with
blood,
seminal
fluid,
urine,
saliva,
or
6
feces,
or
who
commits
an
act
that
is
intended
to
cause
pain
or
7
injury
or
be
insulting
or
offensive
and
that
results
in
blood,
8
seminal
fluid,
urine,
saliva,
or
feces
being
cast
or
expelled
9
upon
an
employee,
commits
a
class
“D”
felony.
Current
law
does
10
not
include
saliva
in
the
list
of
bodily
fluids
or
secretions.
11
A
class
“C”
felony
is
punishable
by
confinement
for
no
more
12
than
10
years
and
a
fine
of
at
least
$1,370
but
not
more
than
13
$13,660.
A
class
“D”
felony
is
punishable
by
confinement
for
14
no
more
than
five
years
and
a
fine
of
at
least
$1,025
but
not
15
more
than
$10,245.
An
aggravated
misdemeanor
is
punishable
by
16
confinement
for
no
more
than
two
years
and
a
fine
of
at
least
17
$855
but
not
more
than
$8,540.
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