Replaced by Substitute

COMMITTEE AMENDMENT NO 1 PROPOSED TO

House Bill No.  432

BY: Committee

     Amend by striking all after the enacting clause and inserting in lieu thereof the following:

 


     SECTION 1.  Section 97-27-14, Mississippi Code of 1972, is amended as follows:

     97-27-14.  (1)  (a)  It shall be unlawful for any person to knowingly expose another person to * * * human immunodeficiency virus (HIV), hepatitis B or hepatitis C.  Prior knowledge and willing consent to the exposure is a defense to a charge brought under this paragraph.

          (b)  A person commits the crime of endangerment by bodily substance if the person attempts to cause or knowingly causes any other person to come into contact with blood, seminal fluid, urine, feces or saliva.

     (2) * * *  A violation of this section is a misdemeanor unless the person violating this section knows that he is infected with human immunodeficiency virus (HIV), hepatitis B or hepatitis C, in which case it is a felony.

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

     (4)  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.

     (5)  The provisions of this section shall be in addition to any other provisions of law for which the actions described in this section may be prosecuted.

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


     Further, amend by striking the title in its entirety and inserting in lieu thereof the following:

 


     AN ACT TO AMEND SECTION 97-27-14, MISSISSIPPI CODE OF 1972, TO CREATE THE CRIME OF ENDANGERING ANOTHER PERSON BY A KNOWING ATTEMPT OR CAUSE THE PERSON TO COME IN CONTACT WITH BODY FLUIDS INFECTED WITH CERTAIN DISEASES; AND FOR RELATED PURPOSES.