Bill > SSB1058

Introduced Session

This bill relates to assaults, including assaults on persons engaged in certain occupations and inmate assaults on S.F. _____ H.F. _____ department of corrections employees. Current law provides enhanced penalties for an assault, as defined in Code section 708.1, against persons engaged in certain occupations including a peace officer, jailer, correctional staff, member or employee of the board of parole, health care provider, employee of the department of health and human services, employee of the department of revenue, national guard member engaged in national guard duty or state active duty, civilian employee of a law enforcement agency, civilian employee of a fire department, or fire fighter, whether paid or volunteer. The bill increases the currently applicable penalties by one degree. A person who assaults a person engaged in one of the listed occupations with knowledge of the person’s occupation and the intent to inflict a serious injury upon such person is guilty of a class “C” felony. A person who, while assaulting a person engaged in one of the listed occupations, uses or displays a dangerous weapon in connection with the assault is guilty of a class “C” felony. A person who, while assaulting a person engaged in one of the listed occupations, causes bodily injury or mental illness is guilty of a class “D” felony. The bill provides that any other assault, including an assault causing another to come into contact with saliva by throwing, tossing, spitting, or expelling the fluid, committed against a person engaged in one of the listed occupations is an aggravated misdemeanor. A person convicted of violating the provision is required to serve a minimum term of seven days of the sentence imposed by law, and is not eligible for suspension of the minimum sentence. The bill provides that a person who, while confined in a jail, institution, or facility under the control of the department of corrections, commits an assault upon an employee of the jail, institution, or facility that results in the employee’s contact with blood, seminal fluid, urine, saliva, or feces, or who commits an act that is intended to cause pain or S.F. _____ H.F. _____ injury or be insulting or offensive and that results in blood, seminal fluid, urine, saliva, or feces being cast or expelled upon an employee, commits a class “D” felony. Current law does not include saliva in the list of bodily fluids or secretions. A class “C” felony is punishable by confinement for no more than 10 years and a fine of at least $1,370 but not more than $13,660. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $855 but not more than $8,540.

Committee Categories

No sponsors listed

Other Sponsors (1)

Committee report approving bill, renumbered as SF 397. (on 02/19/2025)

Official Document