Bills › 91st General Assembly
Relating to testing for communicable diseases for certain persons who have committed an assault against a member of a protected occupation, and including penalties
Sponsored by Rep. Eric J. Gjerde (D)
Topics:Crime & correctionsHealth carePublic safety & emergencies
Where it is now
- Done: IntroducedFebruary 25, 2026
- Stopped: SubcommitteeDied when the General Assembly ended
- Next: House committeeFunnel: by February 20, 2026
- Next: Passes the House
- Next: Senate committeeFunnel: by March 20, 2026
- Next: Passes the Senate
- Next: To the Governor
- Next: Signed into law
Died when the session ended The 2026 session adjourned on May 3, 2026, the General Assembly’s last regular session. Bills that didn’t pass both chambers died. What’s a funnel?
What’s in it
AI summary People who assault workers in certain protected jobs would face specific criminal penalties and mandatory jail time. If an assault involves a weapon, injury, or contact with bodily fluids, the punishments become more serious. Victims of these attacks can also ask for a search warrant to have the attacker tested for communicable diseases.1
Read the official explanation
Under current law, a person who commits an assault against a person who is a member of certain occupations is subject to specific criminal penalties based on the circumstances surrounding the assault. This bill defines “assault” and “member of a protected occupation”. The bill provides that an assault against a member of a protected occupation when the person committing the assault knows the person is a member of a protected occupation is a class “C” felony. 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. An assault against a member of a protected occupation when the person committing the assault uses or displays a weapon, or the person causes bodily injury or mental illness, is a class “D” felony. 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. Any other assault, including an assault causing another to come in contact with saliva, committed against a member of a protected occupation is an aggravated misdemeanor. 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. Under the bill, a person must serve a minimum of seven days of confinement and is not eligible for deferral or suspension of the seven days minimum confinement. The bill allows a person that is a member of a protected occupation who is a victim of an assault (victim) that results in contact with blood, seminal fluid, urine, saliva, or feces of the assailant when the assailant has or is reasonably believed may have a communicable disease to request that a search warrant be issued requiring testing by a medical professional of the assailant for communicable diseases. Upon receipt of the test results, the medical professional that conducted the testing for communicable disease of the assailant shall contact the victim as soon as practicable to inform the victim of the test results.