January 8, 2007, read first time and referred to Committee on Corrections, Criminal, and
Civil Matters.
January 25, 2007, amended, reported favorably _ Do Pass.
January 26, 2007
First Regular Session 115th General Assembly (2007)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in
this style type, and deletions will appear in
this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
this style type. Also, the
word
NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
this style type or
this style type reconciles conflicts
between statutes enacted by the 2006 Regular Session of the General Assembly.
SENATE BILL No. 122
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 35-42-2-6; (07)SB0122.1.1. -->
SECTION 1. IC 35-42-2-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: 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;
(3) a county jail;
or
(4) a circuit, superior, county, probate, city, or town court;
(5) a probation department; or
(6) a facility operated by a county or the state, if the person's
responsibilities include the daily or ongoing supervision and
care of persons who are lawfully detained (as defined in
IC 35-41-1-18).
(b)
As used in this section, "firefighter" means a person who is
a:
(1) full-time, salaried firefighter;
(2) part-time, paid firefighter; or
(3) volunteer firefighter (as defined in IC 36-8-12-2).
(c) As used in this section, "first responder" means a person
who:
(1) is certified under IC 16-31 and who meets the Indiana
emergency medical services commission's standards for first
responder certification; and
(2) responds to an incident requiring emergency medical
services.
(d) As used in this section, "human immunodeficiency virus (HIV)"
includes acquired immune deficiency syndrome (AIDS) and AIDS
related complex.
(c) (e) 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,
firefighter, first responder, 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,
firefighter, first
responder, 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 blood, bodily fluid, or waste was infected with:
(A) hepatitis B
or hepatitis C;
(B) HIV; or
(C) tuberculosis;
(2) a Class B felony if:
(A) the person knew or recklessly failed to know that the
blood, bodily fluid, or waste was infected with hepatitis B
or
hepatitis C and the offense results in the transmission of
hepatitis B
or hepatitis C to the other person; or
(B) the person knew or recklessly failed to know that the
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
blood, bodily fluid, or waste was infected with HIV; and
(B) the offense results in the transmission of HIV to the other
person.
(d) (f) 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 or hepatitis C;
(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 or hepatitis C and the offense results in the transmission of
hepatitis B or hepatitis C 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.