S.F. No. 0063

Assault by contamination.

Sponsored By: Senator(s) Meier, Cooper and Vasey and Representative(s) Bagby and Watt

AN ACT relating to crimes and offenses; amending the crime of aggravated assault and battery to include intentionally and knowingly propelling a dangerous substance at a peace or corrections officer or employee; providing definitions; and providing for an effective date.

1/5/2005 Bill Number Assigned

1/10/2005 S Received for Introduction

1/17/2005 S Introduced and Referred to S09

1/20/2005 S09 Recommended Do Pass

ROLL CALL

Ayes: Senator(s) Coe, Hawks, Jennings, Townsend and Vasey

Ayes 5 Nays 0 Excused 0 Absent 0 Conflicts 0

1/20/2005 S Placed on General File

1/20/2005 S Passed CoW

SF0063S2001/ADOPTED

Page 3-line 13 Delete "on a full-time basis". SCHIFFER

1/21/2005 S Passed 2nd Reading

1/24/2005 S Laid Back Without Prejudice

SF0063S3001/FAILED

Page 1-line 1 Delete "amending the crime".

Page 1-lines 2 and 3 Delete.

Page 1-line 4 Delete the line through "employee;" and insert "creating a criminal offense involving assault by a prisoner on a peace officer, detention officer or staff; defining elements of the offense; providing penalties;".

Page 1-line 9 After "W.S." delete balance of the line and insert "6-2-508 is created to read:".

Page 1-lines 10 through 16 Delete.

Page 2-lines 1 through 24 Delete.

Page 3-lines 1 through 5 Delete and insert:

"6-2-508. Prisoner assault on peace officer, detention officer or staff.

(a) A person is guilty of simple assault punishable as provided by W.S. 6-2-501(c) if, while lawfully confined in a facility within this state, he:

(i) Intentionally throws or otherwise propels a dangerous substance at a peace officer, detention officer or staff member while the peace officer, detention officer or staff member is acting in the course of his official duties; or

(ii) Tampers with or alters any item by contaminating the item with any dangerous substance, if the item may be handled or consumed by the peace officer, detention officer or staff member while the peace officer, detention officer or staff member is acting in the course of his official duty, or as a result of the peace officer's, detention officer's or staff member's official duties.

(b) A person who violates subsection (a) of this section with intent to injure a peace officer, detention officer or staff member or to infect the victim of the assault with a contagious disease is guilty of:

(i) Except as provided in paragraph (ii) of this subsection, a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000.00), imprisonment for not more than one (1) year, or both;

(ii) Aggravated assault punishable as provided by W.S. 6-2-502(b) if the act causes bodily injury to the peace officer, detention officer or staff member or results in the victim of the assault being infected with any contagious disease.".

Page 3-lines 7 through 24 Remove underscoring from language.

Page 4-lines 1 through 8 Remove underscoring from language. AULLMAN, MASSIE

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SF0063S3002/ADOPTED

Page 3-line 10 Delete "saliva,". SCOTT

1/25/2005 S Failed 3rd Reading

ROLL CALL

Ayes: Senator(s) Boggs, Burns, Cooper, Hanes, Hawks, Hines, Job, Johnson, Larson, Meier, Schiffer, Scott, Sessions and Vasey.

Nays: Senator(s) Anderson, J., Aullman, Barrasso, Case, Coe, Decaria, Geis, Jennings, Massie, Nicholas, Northrup, Peck, Ross, Townsend and Von Flatern.

Excused: Senator(s) Mockler

Ayes 14 Nays 15 Excused 1 Absent 0 Conflicts 0

1/25/2005 S Failed 3rd 14-15-1-0-0; Failed Reconsideration

ROLL CALL

Ayes: Senator(s) Boggs, Burns, Cooper, Hanes, Hawks, Job, Meier, Nicholas, Schiffer, Scott, Sessions and Vasey.

Nays: Senator(s) Anderson, J., Aullman, Barrasso, Case, Coe, Decaria, Geis, Hines, Jennings, Johnson, Larson, Massie, Northrup, Peck, Ross, Townsend and Von Flatern.

Excused: Senator(s) Mockler

Ayes 12 Nays 17 Excused 1 Absent 0 Conflicts 0