Senate Bill 2816

AN ACT TO CREATE A 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.

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

SECTION 1. (1) For the purpose of this section, the following terms mean:

(a) "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;

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

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

(3) Endangering a corrections employee, a visitor to a correctional facility, or another offender or prisoner is a felony unless the substance is unidentified, in which case it is a misdemeanor. If an offender or prisoner is knowingly infected with the Human Immunodeficiency Virus (HIV), Hepatitis B or Hepatitis C and exposes another person to HIV or Hepatitis B or Hepatitis C by committing the crime of endangering a corrections employee, a visitor to a correctional facility, or another offender or prisoner, it is a felony.

(4) Punishment for any person guilty of a felony violation upon conviction 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) Punishment for any person guilty of a misdemeanor violation upon conviction 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, 2006.