Senate Bill 2468

AN ACT TO CREATE SECTION 47-5-197, MISSISSIPPI CODE OF 1972, TO CREATE THE CRIME OF ENDANGERING A CORRECTIONS EMPLOYEE WHEN AN OFFENDER KNOWINGLY ATTEMPTS OR CAUSE A CORRECTIONS EMPLOYEE TO COME IN CONTACT WITH BODY FLUIDS INFECTED WITH CERTAIN DISEASES; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. The following shall be codified as Section 47-5-197, Mississippi Code of 1972:

47-5-197. (1) For the purpose of this section, the following terms shall have the meanings ascribed unless the context clearly requires otherwise:

(a) "Corrections employee" means a person who is an employee, a contracted employee of a subcontractor of a department or agency responsible for operating a jail, prison, correctional facility, or a person who is assigned to work in a jail, prison or correctional facility.

(b) "Offender" means a person in the custody of the Department of Corrections.

(2) Any offender or prisoner commits the crime of endangerment by bodily substance if he attempts to cause or knowingly causes a corrections employee, a visitor to a correctional facility, or another offender or prisoner to come into contact with blood, seminal fluid, urine, feces or saliva.

(3) Endangerment by bodily substance is a misdemeanor unless an offender or prisoner knows he is infected with the Human Immunodeficiency Virus (HIV), Hepatitis B or Hepatitis C, in which case it is a felony.

(4) Any person convicted of a felony violation of this section shall be imprisoned for not less than three (3) years nor more than five (5) years and may be fined Ten Thousand Dollars ($10,000.00), or both.

(5) Any person guilty of a misdemeanor violation of this section shall be punished by imprisonment in the county jail for up to one (1) year and may be fined One Thousand Dollars ($1,000.00), or both.

SECTION 2. This act shall take effect and be in force from and after July 1, 2007.