H*4728(Rat #0280, Act #0238 of 2002)  General Bill, By D. 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
 A BILL TO AMEND SECTION 24-13-470, 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.-amended
 title

   02/14/02  House  Introduced and read first time HJ-8
   02/14/02  House  Referred to Committee on Judiciary HJ-9
   02/27/02  House  Member(s) request name added as sponsor: McLeod
   02/27/02  House  Committee report: Favorable Judiciary HJ-13
   02/28/02  House  Amended HJ-23
   02/28/02  House  Read second time HJ-24
   02/28/02  House  Unanimous consent for third reading on next
                     legislative day HJ-24
   03/01/02  House  Read third time and sent to Senate HJ-2
   03/05/02  Senate Introduced and read first time SJ-7
   03/05/02  Senate Referred to Committee on Corrections and Penology SJ-7
   04/04/02  Senate Committee report: Favorable with amendment
                     Corrections and Penology SJ-14
   04/10/02  Senate Amended SJ-47
   04/10/02  Senate Read second time SJ-47
   04/11/02  Senate Read third time and returned to House with
                     amendments SJ-13
   04/18/02  House  Concurred in Senate amendment and enrolled HJ-64
   04/25/02         Ratified R 280
   05/01/02         Signed By Governor
   05/14/02         Act No. 238
   06/25/02         Effective date 5/1/02
   06/25/02         Copies available

AN ACT TO AMEND SECTION 24-13-470, 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 24-13-470 of the 1976 Code, as added by Act 136 of 1997, is amended to read:

"Section 24-13-470. (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 HIV-positive 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 seventy-two 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 44-23-10(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.