Bodily fluids crime clarification gets House OK

Ensuring legislative intent of a law enacted 12 years ago is the objective of a bill heading to the governor.

Approved 119-9 by the House Monday, HF2652/SF2227* would make clear and expand the offense of assaulting a peace officer.

Rep. Tony Cornish

“The only thing this bill does is clarify the language to make it possible to charge the person like the bill was originally intended. … that the transfer of bodily fluids onto the officer would result in a felony,” said Rep. Tony Cornish (R-Vernon Center), who sponsors the bill with Sen. Ron Latz (DFL-St. Louis Park). “This makes it a separate offense or it could be combined together with an assault.”

The Senate passed the proposal 60-0 April 25.

In an August 2015 ruling in State v. Struzyk, the state Supreme Court surmised that for someone to be charged with fourth-degree assault it required both the transfer of fluids and a physical assault.

Dennis Flaherty, executive director of the Minnesota Police and Peace Officers Association, told the House Public Safety and Crime Prevention Policy and Finance Committee last month that the case stemmed from an incident in which a deputy tried to arrest a suspect at a home, but a “donnybrook” ensued.

“In the process, Mr. Struzyk cleared his nose and his mouth into his hand and went up and tried to rub it into the deputy’s face,” Flaherty said. “The deputy, fortunately, was able to pull back and he smeared it on his jacket.”