Adopted
SUBSTITUTE NO 1 FOR COMMITTEE AMENDMENT NO 1 PROPOSED TO
House Bill No. 432
BY: Senator(s) Tollison
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) 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. A violation of this subsection shall be a felony.
(2) (a) A person commits the crime of endangerment by bodily substance if the person attempts to cause or knowingly causes a corrections employee, a visitor to a correctional facility or another prisoner or offender to come into contact with blood, seminal fluid, urine, feces or saliva.
(b) As used in this subsection, the following definitions shall apply unless the context clearly requires otherwise:
(i) "Corrections employee" means a person who is an employee or 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.
(ii) "Offender" means a person who is in the custody of the Department of Corrections.
(iii) "Prisoner" means a person confined in a county or city jail.
(c) * * * A violation of this subsection 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 CERTAIN PERSONS BY A KNOWING ATTEMPT OR CAUSE THE PERSON TO COME IN CONTACT WITH BODY FLUIDS INFECTED WITH CERTAIN DISEASES; AND FOR RELATED PURPOSES.