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Current Status Bill Number:View additional legislative information at the LPITS web site.4728 Ratification Number:280 Act Number:238 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:20020214 Primary Sponsor:Owens All Sponsors: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 Drafted Document Number:l:\council\bills\ggs\22309cm02.doc Date Bill Passed both Bodies:20020418 Date of Last Amendment:20020410 Governor's Action:S Date of Governor's Action:20020501 Subject:Bodily fluids, felony violation for person in custody or under arrest to throw on law enforcement officers or correctional facility employees History 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 February 27, 2002 - Word format Revised on February 28, 2002 - Word format Revised on February 28, 2002-A - Word format Revised on April 4, 2002 - Word format Revised on April 8, 2002 - Word format Revised on April 10, 2002 - Word format
(A238, R280, H4728)
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.
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