BIL: 4728
RTN: 280
ACN: 238
TYP: General Bill GB
INB: House
IND: 20020214
PSP: Owens
SPO: Owens, Knotts, Whatley, G.M.Smith, W.D.Smith, Allison, Bales, Barfield, Barrett, Coates, Coleman, Delleney, Frye, Gilham, Harrison, Huggins, Kelley, Koon, Limehouse, Littlejohn, Lourie, Lucas, Martin, McGee, Quinn, Rivers, Robinson, Rutherford, Sandifer, Scarborough, Sinclair, D.C.Smith, J.E.Smith, J.R.Smith, Talley, Thompson, Walker, Weeks, White, A.Young and McLeod
DDN: l:\council\bills\ggs\22309cm02.doc
DPB: 20020418
LAD: 20020410
GOV: S
DGA: 20020501
SUB: Bodily fluids, felony violation for person in custody or under arrest to throw on law enforcement officers or correctional facility employees
HST:
Body Date Action Description Com Leg Involved
______
------20020514 Act No. A238
------20020501 Signed by Governor
------20020425 Ratified R280
House 20020418 Concurred in Senate amendment,
enrolled for ratification
Senate 20020411 Read third time, returned to House
with amendment
Senate 20020410 Amended, read second time
------20020408 Scrivener's error corrected
Senate 20020404 Committee report: Favorable with 03 SCP
amendment
Senate 20020305 Introduced, read first time, 03 SCP
referred to Committee
House 20020301 Read third time, sent to Senate
House 20020228 Amended, read second time,
unanimous consent for third reading
on Friday, 20020301
------20020228 Scrivener's error corrected
House 20020227 Committee report: Favorable 25 HJ
House 20020227 Co-Sponsor added (Rule 5.2) by Rep. McLeod
House 20020214 Introduced, read first time, 25 HJ
referred to Committee
Versions of This Bill
Revised on 20020227
Revised on 20020228
Revised on 20020228-A
Revised on 20020404
Revised on 20020408
Revised on 20020410
TXT:
(A238, R280, H4728)
AN ACT TO AMEND SECTION 2413470, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL THROWING OF BODY FLUIDS ON AN EMPLOYEE OF A STATE OR LOCAL CORRECTIONAL FACILITY BY AN INMATE, AND THE PENALTIES IMPOSED UPON A PERSON WHO VIOLATES THE PROVISIONS CONTAINED IN THIS SECTION, SO AS TO PROVIDE THAT IN ADDITION TO AN INMATE, THIS PROVISION ALSO APPLIES TO A DETAINEE, A PERSON TAKEN INTO CUSTODY, OR A PERSON UNDER ARREST WHO THROWS CERTAIN BODY FLUIDS ON AN EMPLOYEE OF A STATE OR LOCAL CORRECTIONAL FACILITY, OR A STATE OR LOCAL LAW ENFORCEMENT OFFICER, A VISITOR OF A CORRECTIONAL FACILITY, OR ANY OTHER PERSON AUTHORIZED TO BE PRESENT IN A CORRECTIONAL FACILITY IN AN OFFICIAL CAPACITY, TO PROVIDE THAT A PERSON ACCUSED OF A CRIME AS CONTAINED IN THIS SECTION MAY BE TESTED FOR CERTAIN DISEASES UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO CERTAIN PATIENTS.
Be it enacted by the General Assembly of the State of South Carolina:
Throwing of body fluids
SECTION 1. Section 2413470 of the 1976 Code, as added by Act 136 of 1997, is amended to read:
“Section 2413470. (A) An inmate, detainee, a person taken into custody, or a person under arrest who attempts to throw or throws body fluids including, but not limited to, urine, blood, feces, vomit, saliva, or semen on an employee of a state or local correctional facility, a state or local law enforcement officer, a visitor of a correctional facility, or any other person authorized to be present in a correctional facility in an official capacity is guilty of a felony and, upon conviction, must be imprisoned not more than fifteen years. A sentence under this provision must be served consecutively to any other sentence the inmate is serving. This section shall not prohibit the prosecution of an inmate for a more serious offense if the inmate is determined to be HIVpositive or has another disease that may be transmitted through body fluids.
(B) A person accused of a crime contained in this section may be tested for a blood borne disease within seventytwo hours of the crime if a health care professional believes that exposure to the accused person’s body fluid may pose a significant health risk to a victim of the crime.
(C) This section does not apply to a person who is a ‘patient’ as defined in Section 442310(3).”
Time effective
SECTION 2. This act takes effect upon approval by the Governor.
Ratified the 25th day of April, 2002.
Approved the 1st day of May, 2002.
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