South Carolina General Assembly
114th Session, 2001-2002

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Bill 4728


                    Current Status

Bill Number:                      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

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(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.

__________


This web page was last updated on Tuesday, December 8, 2009 at 11:36 A.M.