Attorney General Brenna Bird testified in support of a bill filed by her office Monday at an Iowa House subcommittee. The bill, House Study Bill 523, increases penalties for a person who assaults a person in a protected occupation with the intent to inflict a serious injury.
The protected occupations include 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, a National Guard member engaged in duty, a civilian employee of a law enforcement agency, a civilian employee of a fire department or a firefighter.
Bird said in her experience as a prosecutor penalties for assaults on such protected occupations are often “far too lenient.”
“This bill increases the penalties to where they should be and also raises the crime of someone who would intentionally spit on a law enforcement officer or other protected occupation to a higher level,” she said.
Spitting on someone, Bird said, should be treated the same as throwing blood, urine or feces on someone.
“Choosing to intentionally spit on an individual who is trying to help is a crime and is a vile act,” Bird said. “And I want to do all that we can do to increase respect for law enforcement who do a tough job.”
The proposal requires assailants to serve seven days in jail for committing such an act. Often those individuals simply get probation.
Democrat State Rep. Elinor Levin asked Bird if the point of the bill is to reduce incidents of assault or increase the severity of the punishment.
Bird said that while she would like to reduce incidents, increasing the penalties should force people to think twice before committing an act.
Ray Reynolds, who serves as fire chief in Nevada and serves as a part-time police officer, said he’s been in public safety for 35 years.
“I honestly can’t tell you how many times I’ve been spit on,” he said.
Reynolds recounted an incident from Nov. 18, 2022, where a deputy was assaulted and the individual tried to take his gun and strangle him. Reynolds got involved because the deputy needed help.
“I got bit, I got spit on,” he said. “And the guy got two simple misdemeanors or a serious misdemeanor. Everything that happened was blamed on mental health, substance abuse, alcohol — like it’s a free pass and we’re supposed to take this. I don’t think that’s acceptable. It just seems like it’s just expected as part of the job and I don’t buy that.”
One concern brought to legislators is making sure professions that are not protected but often involved in such instances are also protected. Lawmakers vowed to make changes if necessary.
Bird said the language is intentionally broad so they don’t accidentally exclude a profession by being too specific.
Cyndi Pederson with the Iowa Firefighters Association and Iowa Fraternal Order of Police expressed concern for campus police as well.
“You have to beg people to go into these professions these days,” she said. “I think we need to make sure that they know we have their back.”
Levin declined to support the bill, but Republican Representatives Jeff Shipley and Mike Vondran advanced it through to the full committee.
Shipley expressed interest in tracking incidents to see if after a year or two the law lowers the rates.
“To me, this makes a lot of sense,” Shipley said. “I would never want to have law enforcement in a situation that we’ve described.”
Shipley added that he believes you could make an argument the penalties should be more severe based on how vile some of the acts are.
i definitely cannot support this, due to my autism people at times tell me im spitting on them when speaking and very excited and i have no idea im doing it or find it difficult to believe. im been told this about 10 times in the last 30 years and never once had any idea. this law will be used to bully autistic people who have no idea they are doing anything.