MISSISSIPPI LEGISLATURE

2024 Regular Session

To: Judiciary B

By: Representatives Butler-Washington, Gibbs (72nd), James-Jones, Summers, Bell (65th), Holloway (27th), Nelson, Paden

House Bill 1297

AN ACT TO AMEND SECTION 97-27-14, MISSISSIPPI CODE OF 1972, TO REVISE THE ELEMENTS AND PENALTIES FOR VIOLATIONS OF THE CRIMES OF EXPOSING ANOTHER TO CONTAGIOUS DISEASES AND ENDANGERMENT BY BODILY SUBSTANCE; AND FOR RELATED PURPOSES.

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

     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 intentionally transmit an infectious disease to another person * * * to human immunodeficiency virus (HIV), hepatitis B or hepatitis C.  Prior knowledge and willing consent to * * *the exposure to an infectious disease is a defense to a charge brought under this subsection.  * * *A violation of this subsection shall be a felony. In addition, taking precautions to prevent transmission, including, but not limited to, viral suppression and the use of personal protective equipment, is a defense to a charge brought under this subsection.  

     (2)  (a)  A person commits the crime of endangerment by bodily substance if the person attempts to * * *cause or knowingly * * *causes transmit an infectious disease to 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)  For purposes of this section, the term "infectious disease" means a disease potentially caused by a pathogenic organism which is acquired by a person and reproduces in that person.

 * * *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 A 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, 2024.

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