Bill Text: IA HF2302 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to assaults, including assaults on persons engaged in certain occupations and inmate assaults on department of corrections employees, and providing penalties.(Formerly HSB 523.)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2024-04-18 - Amendment S-5186 filed. S.J. 896. [HF2302 Detail]
Download: Iowa-2023-HF2302-Introduced.html
House
File
2302
-
Introduced
HOUSE
FILE
2302
BY
COMMITTEE
ON
PUBLIC
SAFETY
(SUCCESSOR
TO
HSB
523)
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:
5
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Section
1.
Section
708.3A,
subsections
1,
2,
3,
and
4,
Code
1
2024,
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
staff,
4
member
or
employee
of
the
board
of
parole,
health
care
5
provider,
employee
of
the
department
of
health
and
human
6
services,
employee
of
the
department
of
inspections,
appeals,
7
and
licensing,
employee
of
the
department
of
revenue,
national
8
guard
member
engaged
in
national
guard
duty
or
state
active
9
duty,
civilian
employee
of
a
law
enforcement
agency,
civilian
10
employee
of
a
fire
department,
or
fire
fighter,
whether
paid
or
11
volunteer,
with
the
knowledge
that
the
person
against
whom
the
12
assault
is
committed
is
a
peace
officer,
jailer,
correctional
13
staff,
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
inspections,
appeals,
16
and
licensing,
employee
of
the
department
of
revenue,
national
17
guard
member
engaged
in
national
guard
duty
or
state
active
18
duty,
civilian
employee
of
a
law
enforcement
agency,
civilian
19
employee
of
a
fire
department,
or
fire
fighter
and
with
the
20
intent
to
inflict
a
serious
injury
upon
the
peace
officer,
21
jailer,
correctional
staff,
member
or
employee
of
the
board
22
of
parole,
health
care
provider,
employee
of
the
department
23
of
health
and
human
services,
employee
of
the
department
of
24
inspections,
appeals,
and
licensing,
employee
of
the
department
25
of
revenue,
national
guard
member
engaged
in
national
26
guard
duty
or
state
active
duty,
civilian
employee
of
a
law
27
enforcement
agency,
civilian
employee
of
a
fire
department,
or
28
fire
fighter,
is
guilty
of
a
class
“D”
“C”
felony.
29
2.
A
person
who
commits
an
assault,
as
defined
in
section
30
708.1
,
against
a
peace
officer,
jailer,
correctional
staff,
31
member
or
employee
of
the
board
of
parole,
health
care
32
provider,
employee
of
the
department
of
health
and
human
33
services,
employee
of
the
department
of
inspections,
appeals,
34
and
licensing,
employee
of
the
department
of
revenue,
national
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guard
member
engaged
in
national
guard
duty
or
state
active
1
duty,
civilian
employee
of
a
law
enforcement
agency,
civilian
2
employee
of
a
fire
department,
or
fire
fighter,
whether
paid
3
or
volunteer,
who
knows
that
the
person
against
whom
the
4
assault
is
committed
is
a
peace
officer,
jailer,
correctional
5
staff,
member
or
employee
of
the
board
of
parole,
health
care
6
provider,
employee
of
the
department
of
health
and
human
7
services,
employee
of
the
department
of
inspections,
appeals,
8
and
licensing,
employee
of
the
department
of
revenue,
national
9
guard
member
engaged
in
national
guard
duty
or
state
active
10
duty,
civilian
employee
of
a
law
enforcement
agency,
civilian
11
employee
of
a
fire
department,
or
fire
fighter
and
who
uses
or
12
displays
a
dangerous
weapon
in
connection
with
the
assault,
is
13
guilty
of
a
class
“D”
“C”
felony.
14
3.
A
person
who
commits
an
assault,
as
defined
in
section
15
708.1
,
against
a
peace
officer,
jailer,
correctional
staff,
16
member
or
employee
of
the
board
of
parole,
health
care
17
provider,
employee
of
the
department
of
health
and
human
18
services,
employee
of
the
department
of
inspections,
appeals,
19
and
licensing,
employee
of
the
department
of
revenue,
national
20
guard
member
engaged
in
national
guard
duty
or
state
active
21
duty,
civilian
employee
of
a
law
enforcement
agency,
civilian
22
employee
of
a
fire
department,
or
fire
fighter,
whether
paid
23
or
volunteer,
who
knows
that
the
person
against
whom
the
24
assault
is
committed
is
a
peace
officer,
jailer,
correctional
25
staff,
member
or
employee
of
the
board
of
parole,
health
care
26
provider,
employee
of
the
department
of
health
and
human
27
services,
employee
of
the
department
of
inspections,
appeals,
28
and
licensing,
employee
of
the
department
of
revenue,
national
29
guard
member
engaged
in
national
guard
duty
or
state
active
30
duty,
civilian
employee
of
a
law
enforcement
agency,
civilian
31
employee
of
a
fire
department,
or
fire
fighter,
and
who
causes
32
bodily
injury
or
mental
illness,
is
guilty
of
an
aggravated
33
misdemeanor
a
class
“D”
felony
.
34
4.
Any
other
assault,
as
defined
in
section
708.1
,
including
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an
assault
causing
another
to
come
into
contact
with
saliva
by
1
throwing,
tossing,
spitting,
or
expelling
the
fluid,
committed
2
against
a
peace
officer,
jailer,
correctional
staff,
member
3
or
employee
of
the
board
of
parole,
health
care
provider,
4
employee
of
the
department
of
health
and
human
services,
5
employee
of
the
department
of
inspections,
appeals,
and
6
licensing,
employee
of
the
department
of
revenue,
national
7
guard
member
engaged
in
national
guard
duty
or
state
active
8
duty,
civilian
employee
of
a
law
enforcement
agency,
civilian
9
employee
of
a
fire
department,
or
fire
fighter,
whether
paid
10
or
volunteer,
by
a
person
who
knows
that
the
person
against
11
whom
the
assault
is
committed
is
a
peace
officer,
jailer,
12
correctional
staff,
member
or
employee
of
the
board
of
parole,
13
health
care
provider,
employee
of
the
department
of
health
and
14
human
services,
employee
of
the
department
of
inspections,
15
appeals,
and
licensing,
employee
of
the
department
of
revenue,
16
national
guard
member
engaged
in
national
guard
duty
or
state
17
active
duty,
civilian
employee
of
a
law
enforcement
agency,
18
civilian
employee
of
a
fire
department,
or
fire
fighter,
is
19
a
serious
an
aggravated
misdemeanor.
A
person
convicted
of
20
violating
this
subsection
shall
serve
a
minimum
term
of
seven
21
days
of
the
sentence
imposed
by
law,
and
shall
not
be
eligible
22
for
suspension
of
the
minimum
sentence.
23
Sec.
2.
Section
708.3B,
Code
2024,
is
amended
to
read
as
24
follows:
25
708.3B
Inmate
assaults
——
bodily
fluids
or
secretions.
26
A
person
who,
while
confined
in
a
jail
or
in
an
institution
27
or
facility
under
the
control
of
the
department
of
corrections,
28
commits
any
of
the
following
acts
commits
a
class
“D”
felony:
29
1.
An
assault,
as
defined
under
section
708.1
,
upon
an
30
employee
of
the
jail
or
institution
or
facility
under
the
31
control
of
the
department
of
corrections
,
which
that
results
32
in
the
employee’s
contact
with
blood,
seminal
fluid,
urine,
33
saliva,
or
feces.
34
2.
An
act
which
that
is
intended
to
cause
pain
or
injury
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or
be
insulting
or
offensive
and
which
that
results
in
blood,
1
seminal
fluid,
urine,
saliva,
or
feces
being
cast
or
expelled
2
upon
an
employee
of
the
jail
or
institution
or
facility
under
3
the
control
of
the
department
of
corrections.
4
EXPLANATION
5
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
6
the
explanation’s
substance
by
the
members
of
the
general
assembly.
7
This
bill
relates
to
assaults,
including
assaults
on
8
persons
engaged
in
certain
occupations
and
inmate
assaults
on
9
department
of
corrections
employees.
10
Current
law
provides
enhanced
penalties
for
an
assault,
11
as
defined
in
Code
section
708.1,
against
persons
engaged
12
in
certain
occupations
including
a
peace
officer,
jailer,
13
correctional
staff,
member
or
employee
of
the
board
of
parole,
14
health
care
provider,
employee
of
the
department
of
health
and
15
human
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,
whether
paid
19
or
volunteer.
20
The
bill
adds
an
employee
of
the
department
of
inspections,
21
appeals,
and
licensing
to
the
listed
occupations.
22
The
bill
increases
the
currently
applicable
penalties
by
one
23
degree.
A
person
who
assaults
a
person
engaged
in
one
of
the
24
listed
occupations
with
knowledge
of
the
person’s
occupation
25
and
the
intent
to
inflict
a
serious
injury
upon
such
person
is
26
guilty
of
a
class
“C”
felony.
A
person
who,
while
assaulting
27
a
person
engaged
in
one
of
the
listed
occupations,
uses
or
28
displays
a
dangerous
weapon
in
connection
with
the
assault
is
29
guilty
of
a
class
“C”
felony.
A
person
who,
while
assaulting
a
30
person
engaged
in
one
of
the
listed
occupations,
causes
bodily
31
injury
or
mental
illness
is
guilty
of
a
class
“D”
felony.
32
The
bill
provides
that
any
other
assault,
including
an
33
assault
causing
another
to
come
into
contact
with
saliva
by
34
throwing,
tossing,
spitting,
or
expelling
the
fluid,
committed
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against
a
person
engaged
in
one
of
the
listed
occupations
is
an
1
aggravated
misdemeanor.
A
person
convicted
of
violating
the
2
provision
is
required
to
serve
a
minimum
term
of
seven
days
of
3
the
sentence
imposed
by
law,
and
is
not
eligible
for
suspension
4
of
the
minimum
sentence.
5
The
bill
provides
that
a
person
who,
while
confined
in
6
a
jail,
institution,
or
facility
under
the
control
of
the
7
department
of
corrections,
commits
an
assault
upon
an
employee
8
of
the
jail,
institution,
or
facility
that
results
in
the
9
employee’s
contact
with
blood,
seminal
fluid,
urine,
saliva,
or
10
feces,
or
who
commits
an
act
that
is
intended
to
cause
pain
or
11
injury
or
be
insulting
or
offensive
and
that
results
in
blood,
12
seminal
fluid,
urine,
saliva,
or
feces
being
cast
or
expelled
13
upon
an
employee,
commits
a
class
“D”
felony.
Current
law
does
14
not
include
saliva
in
the
list
of
bodily
fluids
or
secretions.
15
A
class
“C”
felony
is
punishable
by
confinement
for
no
more
16
than
10
years
and
a
fine
of
at
least
$1,370
but
not
more
than
17
$13,660.
A
class
“D”
felony
is
punishable
by
confinement
for
18
no
more
than
five
years
and
a
fine
of
at
least
$1,025
but
not
19
more
than
$10,245.
An
aggravated
misdemeanor
is
punishable
by
20
confinement
for
no
more
than
two
years
and
a
fine
of
at
least
21
$855
but
not
more
than
$8,540.
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