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House
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2751
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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
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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
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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
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.
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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
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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
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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.
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b.
A
person
who
violates
this
section
commits
a
serious
1
misdemeanor.
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