January 26, 2007





SENATE BILL No. 122

_____


DIGEST OF SB 122 (Updated January 23, 2007 11:54 am - DI 106)



Citations Affected: IC 35-42; noncode.

Synopsis: Battery by body waste. Provides that it is battery by body waste, a Class D felony, for a person to place body fluid or waste on a: (1) firefighter; (2) employee of a probation department; (3) first responder; or (4) person whose duties include the supervision of lawfully detained persons. Provides enhanced penalties if the body waste is infected with hepatitis C.

Effective: July 1, 2007.





Drozda, Lanane, Tallian




    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.
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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.

SOURCE: ; (07)SB0122.1.2. -->     SECTION 2. [EFFECTIVE JULY 1, 2007] IC 35-42-2-6, as amended by this act, applies only to offenses committed after June 30, 2007.