Citations Affected: IC 35-42; IC 35-45; IC 35-50; noncode.
Synopsis: Battery by body waste. Makes it battery by body waste, a
Class A misdemeanor, for a person to place body waste on another
person. Makes it malicious mischief, a Class B misdemeanor, for a
person to place body waste where there is a risk that another person
will come into contact with the waste. Makes it malicious mischief with
food, a Class A misdemeanor, for a person to place body waste in a
location that another person will ingest the body waste. Establishes
enhanced penalties if the waste is infected with disease. Permits a trial
court to order restitution for the costs of testing to determine whether
a victim has become infected as a result of the crime.
Effective: July 1, 2002.
January 7, 2002, read first time and referred to Committee on Corrections, Criminal and
Civil Procedures.
January 31, 2002, amended, reported favorably _ Do Pass.
February 4, 2002, read second time, ordered engrossed. Engrossed.
February 5, 2002, read third time, passed. Yeas 45, nays 3.
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
SECTION 1. IC 35-42-2-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 6. (a) As used in this
section, "corrections officer" includes a person employed by:
(1) the department of correction;
(2) a law enforcement agency; or
(3) a county jail.
(b) As used in this section, "human immunodeficiency virus (HIV)"
includes acquired immune deficiency syndrome (AIDS) and AIDS
related complex.
(c) A person who knowingly or intentionally in a rude, insolent, or
angry manner places blood or another body fluid or waste on a law
enforcement officer or a corrections officer identified as such and while
engaged in the performance of official duties or coerces another person
to place blood or another body fluid or waste on the law enforcement
officer or corrections officer commits battery by body waste, a Class D
felony. However, the offense is:
(1) a Class C felony if the person knew or recklessly failed to
know that the person blood, bodily fluid, or waste was infected
with:
(A) hepatitis B;
(B) HIV; or
(C) tuberculosis;
(2) a Class B felony if:
(A) the person knew or recklessly failed to know that the
person blood, bodily fluid, or waste was infected with
hepatitis B and the offense results in the transmission of
hepatitis B to the other person; or
(B) the person knew or recklessly failed to know that the
person blood, bodily fluid, or waste was infected with
tuberculosis and the offense results in the transmission of
tuberculosis to the other person; and
(3) a Class A felony if:
(A) the person knew or recklessly failed to know that the
person blood, bodily fluid, or waste was infected with HIV;
and
(B) the offense results in the transmission of HIV to the other
person.
(d) A person who knowingly or intentionally in a rude, an
insolent, or an angry manner places human blood, semen, urine, or
fecal waste on another person commits battery by body waste, a
Class A misdemeanor. However, the offense is:
(1) a Class D felony if the person knew or recklessly failed to
know that the blood, semen, urine, or fecal waste was infected
with:
(A) hepatitis B;
(B) HIV; or
(C) tuberculosis;
(2) a Class C felony if:
(A) the person knew or recklessly failed to know that the
blood, semen, urine, or fecal waste was infected with
hepatitis B and the offense results in the transmission of
hepatitis B to the other person; or
(B) the person knew or recklessly failed to know that the
blood, semen, urine, or fecal waste was infected with
tuberculosis and the offense results in the transmission of
tuberculosis to the other person; and
(3) a Class B felony if:
(A) the person knew or recklessly failed to know that the
blood, semen, urine, or fecal waste was infected with HIV;
and
(B) the offense results in the transmission of HIV to the
other person.
SECTION 2. IC 35-45-16 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]:
Chapter 16. Malicious Mischief
Sec. 1. (a) As used in this chapter, "HIV" refers to the human
immunodeficiency virus.
(b) The term includes acquired immune deficiency syndrome
(AIDS) and AIDS related complex.
Sec. 2. (a) A person who recklessly, knowingly, or intentionally
places human:
(1) blood;
(2) semen;
(3) urine; or
(4) fecal waste;
in a location with the intent that another person will involuntarily
touch the blood, semen, urine, or fecal waste commits malicious
mischief, a Class B misdemeanor.
(b) An offense described in subsection (a) is a:
(1) Class D felony if the person knew or recklessly failed to
know that the blood, urine, or waste was infected with:
(A) hepatitis B;
(B) HIV; or
(C) tuberculosis;
(2) Class C felony if:
(A) the person knew or recklessly failed to know that the
blood, urine, or waste was infected with hepatitis B and the
offense results in the transmission of hepatitis B to the
other person; or
(B) the person knew or recklessly failed to know that the
waste was infected with tuberculosis and the offense results
in the transmission of tuberculosis to the other person; and
(3) Class B felony if:
(A) the person knew or recklessly failed to know that the
waste was infected with HIV; and
(B) the offense results in the transmission of HIV to the
other person.
(c) A person who recklessly, knowingly, or intentionally places
human:
(1) blood;
(2) body fluid; or
(3) fecal waste;
in a location with the intent that another person will ingest the
blood, body fluid, or fecal waste, commits malicious mischief with
food, a Class A misdemeanor.
(d) An offense described in subsection (c) is:
(1) a Class D felony if the person knew or recklessly failed to
know that the blood, body fluid, or fecal waste was infected
with:
(A) hepatitis B;
(B) HIV; or
(C) tuberculosis;
(2) a Class C felony if:
(A) the person knew or recklessly failed to know that the
blood, body fluid, or fecal waste was infected with hepatitis
B and the offense results in the transmission of hepatitis B
to the other person; or
(B) the person knew or recklessly failed to know that the
blood, body fluid, or fecal waste was infected with
tuberculosis and the offense results in the transmission of
tuberculosis to the other person; and
(3) a Class B felony if:
(A) the person knew or recklessly failed to know that the
blood, body fluid, or fecal waste was infected with HIV;
and
(B) the offense results in the transmission of HIV to the
other person.
SECTION 3. IC 35-50-5-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 3. (a) Except as
provided in subsection (i), in addition to any sentence imposed under
this article for a felony or misdemeanor, the court may, as a condition
of probation or without placing the person on probation, order the
person to make restitution to the victim of the crime, the victim's estate,
or the family of a victim who is deceased. The court shall base its
restitution order upon a consideration of:
(1) property damages of the victim incurred as a result of the
crime, based on the actual cost of repair (or replacement if repair
is inappropriate);
(2) medical and hospital costs incurred by the victim (before the
date of sentencing) as a result of the crime;
(3) the cost of medical laboratory tests to determine if the
crime has caused the victim to contract a disease or other
medical condition;
(4) earnings lost by the victim (before the date of sentencing) as
a result of the crime including earnings lost while the victim was
hospitalized or participating in the investigation or trial of the
crime; and
(4) (5) funeral, burial, or cremation costs incurred by the family
or estate of a homicide victim as a result of the crime.
(b) A restitution order under subsection (a) or (i) is a judgment lien
that:
(1) attaches to the property of the person subject to the order;
(2) may be perfected;
(3) may be enforced to satisfy any payment that is delinquent
under the restitution order by the person in whose favor the order
is issued or the person's assignee; and
(4) expires;
in the same manner as a judgment lien created in a civil proceeding.
(c) When a restitution order is issued under subsection (a), the
issuing court may order the person to pay the restitution, or part of the
restitution, directly to the victim services division of the Indiana
criminal justice institute in an amount not exceeding:
(1) the amount of the award, if any, paid to the victim under
IC 5-2-6.1; and
(2) the cost of the reimbursements, if any, for emergency services
provided to the victim under IC 16-10-1.5 (before its repeal) or
IC 16-21-8.
The victim services division of the Indiana criminal justice institute
shall deposit the restitution received under this subsection in the
violent crime victims compensation fund established by IC 5-2-6.1-40.
(d) When a restitution order is issued under subsection (a) or (i), the
issuing court shall send a certified copy of the order to the clerk of the
circuit court in the county where the felony or misdemeanor charge was
filed. The restitution order must include the following information:
(1) The name and address of the person that is to receive the
restitution.
(2) The amount of restitution the person is to receive.
Upon receiving the order, the clerk shall enter and index the order in
the circuit court judgment docket in the manner prescribed by
IC 33-17-2-3. The clerk shall also notify the department of insurance
of an order of restitution under subsection (i).
(e) An order of restitution under subsection (a) or (i) does not bar a
civil action for:
(1) damages that the court did not require the person to pay to the
victim under the restitution order but arise from an injury or
property damage that is the basis of restitution ordered by the
court; and
(2) other damages suffered by the victim.
(f) Regardless of whether restitution is required under subsection (a)
as a condition of probation or other sentence, the restitution order is not
discharged by the completion of any probationary period or other
sentence imposed for a felony or misdemeanor.
(g) A restitution order under subsection (a) or (i) is not discharged
by the liquidation of a person's estate by a receiver under IC 34-48-1,
IC 34-48-4, IC 34-48-5, and IC 34-48-6 (or IC 34-1-12 and IC 34-2-7
before their repeal).
(h) The attorney general may pursue restitution ordered by the court
under subsections (a) and (c) on behalf of the victim services division
of the Indiana criminal justice institute established under IC 5-2-6-8.
(i) The court may order the person convicted of an offense under
IC 35-43-9 to make restitution to the victim of the crime. The court
shall base its restitution order upon a consideration of the amount of
money that the convicted person converted, misappropriated, or
received, or for which the convicted person conspired. The restitution
order issued for a violation of IC 35-43-9 must comply with
subsections (b), (d), (e), and (g), and is not discharged by the
completion of any probationary period or other sentence imposed for
a violation of IC 35-43-9.
SECTION 4. [EFFECTIVE JULY 1, 2002] IC 35-42-2-6, as
amended by this act, and IC 35-45-16, as added by this act, apply
only to crimes committed after June 30, 2002.