South Carolina General Assembly
114th Session, 2001-2002

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Bill 4728

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Indicates Matter Stricken

Indicates New Matter

AMENDED

February 28, 2002

    H. 4728

Introduced by Reps. 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, McLeod, Sinclair, D.C. Smith, J.E. Smith, J.R. Smith, Talley, Thompson, Walker, Weeks, White and A. Young

S. Printed 2/28/02--H.

Read the first time February 14, 2002.

            

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.

    Amend Title To Conform

Be it enacted by the General Assembly of the State of South Carolina:

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.    An inmate, detainee, a person taken into custody, or a person under arrest who attempts to throw or throws bodily body fluids including, but not limited to, urine, blood, feces, vomit, saliva, or semen 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 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 bodily body fluids.

SECTION    2.    This act takes effect upon approval by the Governor.

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