Bills › 90th General Assembly
HSB 523
Where it is now
- Done: IntroducedJanuary 9, 2024
- Done: SubcommitteeJanuary 9, 2024
- Done: House committeeJanuary 31, 2024
- Skipped: Passes the HouseContinued as HF 2302
- Next: Senate committee
- Next: Passes the Senate
- Next: To the Governor
- Next: Signed into law
Became HF 2302 → Its progress continues under the new number. Go to HF 2302 What’s a funnel?
What’s in it
AI summary People who assault certain workers, such as police officers, healthcare providers, or correctional staff, would face tougher punishments under this law. The changes increase the severity of the crimes and include new rules for assaults involving bodily fluids like saliva. These stricter penalties apply to anyone who attacks these specific professionals while knowing what their job is.1
Read the official explanation
_____ department of corrections employees.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. _____ 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 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.
House subcommittee
Named January 9, 2024. On January 23, 2024 it recommended amendment and passage. Vote Total: 2-0.
Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part
Fiscal note
AI summary This bill increases penalties for certain assaults and expands the definition of assault to include the intentional ejection of saliva at employees. The bill is estimated to increase costs to the Department of Corrections by approximately $1.1 million and increase costs to the Office of the State Public Defender by $135,000. The total estimated fiscal impact is $1,194,387.3
Read the fiscal note
Description
House File 2302 expands occupations under Iowa Code section 708.3A related to assault against certain occupations to include employees of the Department of Inspections, Appeals, and Licensing (DIAL). The Bill elevates the penalties for assault from a Class D felony to a Class C felony and from an aggravated misdemeanor to a Class D felony. The Bill also provides that a person who, while confined in a jail, institution, or facility under the control of the Department of Corrections (DOC), ejects saliva in a manner intending to cause pain or injury, or to be insulting or offensive, commits an act of assault.
Background
Assault as it relates to the Bill is defined in Iowa Code section 708.1. To commit assault under Iowa Code section 708.3A, the person committing the assault must know that the person against whom the assault is committed is engaged in an occupation detailed in that Iowa Code section.
Iowa Code sections 708.3A(1) through 708.3A(4) relate to assault against persons engaged in certain occupations as follows:
- Iowa Code section 708.3A(1) relates to assaults with the intent to inflict a serious injury and establishes such assaults as a Class D felony under current law.
- Iowa Code section 708.3A(2) relates to assaults with the use or display of a dangerous weapon in connection with an assault and establishes such assaults as a Class D felony under current law.
- Iowa Code section 708.3A(3) relates to assault causing bodily injury or mental illness and establishes such assaults as an aggravated misdemeanor under current law.
- Iowa Code section 708.3A(4) relates to all other forms of assault and establishes such assaults as a serious misdemeanor under current law.
Under the Bill, the penalties under Iowa Code sections 708.3A(1) through 708.3A(4) would be enhanced as follows:
- Assaults under Iowa Code section 708.3A(1) would become a Class C felony.
- Assaults under Iowa Code section 708.3A(2) would become a Class C felony.
- Assaults under Iowa Code section 708.3A(3) would become a Class D felony.
- Assaults under Iowa Code section 708.3A(4) would become an aggravated misdemeanor. A person who violates the section would be required to serve a minimum term of seven days of the sentence imposed by law and would not be eligible for suspension of the minimum sentence.
Under Iowa Code section 708.3B, a person who, while confined in a jail, institution, or facility under the control of the DOC, assaults or commits an act that is intended to cause pain or injury, or be insulting or offensive, to an employee of the jail, institution, or facility, and that results in the employee coming into contact with blood, seminal fluid, urine, or feces, commits a Class D felony. The Bill adds saliva to these bodily excretions.
A Class C felony is punishable by confinement for up to 10 years and a fine of at least $1,375 but no more than $13,660. A Class D felony is punishable by confinement for up to five years and a fine of at least $1,025 but no more than $10,245. An aggravated misdemeanor is punishable by confinement for up to two years and a fine of at least $855 but no more than $8,540.
Assumptions
- The following will not change over the projection period: charge, conviction, and sentencing patterns and trends; prisoner length of stay (LOS); revocation rates; plea bargaining; and other criminal justice system policies and practices.
- A delay of six months is assumed from the effective date of this Bill to the date of first entry of affected offenders into the correctional system.
- Marginal costs for county jails cannot be estimated due to a lack of data. For purposes of this analysis, the marginal cost for county jails is assumed to be $50 per day.
- The expansion of the definition of assault will increase the number of prosecutions.
- If the average cost per claim of the increased level of offense remains, there will be a 20.0% increase in the average claim cost under Iowa Code sections 708.3A(1) through 708.3A(4) to the Office of the State Public Defender (SPD).
- Contract attorney pay will be the same as current hourly rates.
Correctional Impact
House File 2302 enhances various crimes under Iowa Code section 708.3A and expands definitions to include assaults in which a person employed in certain occupations comes into contact with saliva. It is not known how many additional convictions under Iowa Code section 708.3A or 708.3B would result from the expanded definitions; therefore, the correctional impact cannot be estimated for that provision of the Bill.
House File 2302 is estimated to increase the LOS for individuals admitted to prison and Community-Based Corrections (CBC). In FY 2023, there were 27 individuals admitted to prison, 10 individuals admitted to parole, and 101 individuals admitted to probation for a most serious offense under Iowa Code section 708.3A. Under the Bill, the DOC estimates that prison and parole admissions would be enhanced. The probation counts would be redistributed given the enhancements, since some individuals would be ordered to prison under the Bill. Due to increased LOS and additional individuals admitted to prison, the Bill is estimated to increase the prison population.
Refer to the Legislative Services Agency (LSA) memo addressed to the General Assembly, Cost Estimates Used for Correctional Impact Statements, dated January 16, 2024, for information related to the correctional system.
Minority Impact
House File 2302 increases the penalties for assaults on persons in certain occupations. Criminal and Juvenile Justice Planning (CJJP) of the Department of Management (DOM) estimates that the increased penalties would result in an increase in prison admissions. Of the 627 individuals convicted under Iowa Code section 708.3A in FY 2023, 66.5% were White, 23.5% were Black, and 9.9% were other races. Iowa’s population is 89.8% White, 4.4% Black, and 5.8% other races. Refer to the LSA memo addressed to the General Assembly, Minority Impact Statement, dated January 16, 2024, for information related to minorities in the criminal justice system.
Fiscal Impact
House File 2302 is anticipated to increase prison admissions and LOS, which would increase costs to the DOC by approximately $1.1 million. Figure 1 represents the cost of all individuals admitted to DOC supervision in one year under Iowa Code sections 708.3A(1) through 708.3A(4) and under HF 2302. This cost would recur for each annual group of admissions. Figure 1 — Fiscal Impact to the DOC Under HF 2302 House File 2302 enforces a minimum sentence and increases the level of offense, which is anticipated to create costs to the SPD. In FY 2023, there were 570 claims under Iowa Code sections 708.3A(1) through 708.3A(4) paid from the Indigent Defense Fund, totaling $392,000. The increased level of offense would increase the estimated claim cost to the SPD by $131,000. The addition of the excretion of saliva as a form of assault is also estimated to increase the claims to the SPD, causing an increased cost of approximately $4,000. These changes would result in a total estimated fiscal impact to the Indigent Defense Fund of $135,000. Figure 2 shows the total estimated fiscal impact of House File 2302.
Figure 2 — Total Fiscal Impact Under HF 2302
Sources
- Department of Corrections
- Criminal and Juvenile Justice Planning, Department of Management
- Office of the State Public Defender
- Legislative Services Agency
- Assaults, Persons Engaged in Certain Occupations and by Inmates · February 26, 2024
- Assaults, Persons Engaged in Certain Occupations and by Inmates · February 26, 2024
Iowa Code it changes
Lobbying
14 for · 0 against · 21 undecided · Who →
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Similar bills
- HSB 24 Relating to assaults, including assaults on persons engaged in certain occupations and inm…91st General Assembly · Renumbered as HF 177Nearly identical
Matched by wording or an identical title.