Relating to testing for communicable diseases for certain persons who have committed an assault against a member of a protected occupation, and including penalties

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.