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House
File
2726
-
Introduced
HOUSE
FILE
2726
BY
GJERDE
A
BILL
FOR
An
Act
relating
to
testing
for
communicable
diseases
for
1
certain
persons
who
have
committed
an
assault
against
a
2
member
of
a
protected
occupation,
and
including
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
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91
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H.F.
2726
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
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2726
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”
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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
EXPLANATION
29
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
30
the
explanation’s
substance
by
the
members
of
the
general
assembly.
31
Under
current
law,
a
person
who
commits
an
assault
against
32
a
person
who
is
a
member
of
certain
occupations
is
subject
33
to
specific
criminal
penalties
based
on
the
circumstances
34
surrounding
the
assault.
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This
bill
defines
“assault”
and
“member
of
a
protected
1
occupation”.
2
The
bill
provides
that
an
assault
against
a
member
of
a
3
protected
occupation
when
the
person
committing
the
assault
4
knows
the
person
is
a
member
of
a
protected
occupation
is
5
a
class
“C”
felony.
A
class
“C”
felony
is
punishable
by
6
confinement
for
no
more
than
10
years
and
a
fine
of
at
least
7
$1,370
but
not
more
than
$13,660.
An
assault
against
a
member
8
of
a
protected
occupation
when
the
person
committing
the
9
assault
uses
or
displays
a
weapon,
or
the
person
causes
bodily
10
injury
or
mental
illness,
is
a
class
“D”
felony.
A
class
“D”
11
felony
is
punishable
by
confinement
for
no
more
than
five
years
12
and
a
fine
of
at
least
$1,025
but
not
more
than
$10,245.
Any
13
other
assault,
including
an
assault
causing
another
to
come
in
14
contact
with
saliva,
committed
against
a
member
of
a
protected
15
occupation
is
an
aggravated
misdemeanor.
An
aggravated
16
misdemeanor
is
punishable
by
confinement
for
no
more
than
two
17
years
and
a
fine
of
at
least
$855
but
not
more
than
$8,540.
18
Under
the
bill,
a
person
must
serve
a
minimum
of
seven
days
of
19
confinement
and
is
not
eligible
for
deferral
or
suspension
of
20
the
seven
days
minimum
confinement.
21
The
bill
allows
a
person
that
is
a
member
of
a
protected
22
occupation
who
is
a
victim
of
an
assault
(victim)
that
results
23
in
contact
with
blood,
seminal
fluid,
urine,
saliva,
or
feces
24
of
the
assailant
when
the
assailant
has
or
is
reasonably
25
believed
may
have
a
communicable
disease
to
request
that
26
a
search
warrant
be
issued
requiring
testing
by
a
medical
27
professional
of
the
assailant
for
communicable
diseases.
Upon
28
receipt
of
the
test
results,
the
medical
professional
that
29
conducted
the
testing
for
communicable
disease
of
the
assailant
30
shall
contact
the
victim
as
soon
as
practicable
to
inform
the
31
victim
of
the
test
results.
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