South Carolina General Assembly
114th Session, 2001-2002

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Bill 4728

Indicates Matter Stricken
Indicates New Matter

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


Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

April 4, 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 4/4/02--S.

Read the first time March 5, 2002.

            

THE COMMITTEE ON CORRECTIONS AND PENOLOGY

    To whom was referred a Bill (H. 4728) 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, etc., respectfully

REPORT:

    That they have duly and carefully considered the same and recommend that the same do pass with amendment:

    Amend the bill, as and if amended, by striking all after the enacting words and inserting:

    \ 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 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, 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 bodily 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)."

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

    Renumber sections to conform.

    Amend title to conform.

MICHAEL L. FAIR for Committee.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES IS:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

    The Judicial Department indicates there will be no fiscal impact on the General Fund of the State or on federal and/or other funds.

    Approved By:

    Don Addy

    Office of State Budget

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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