Bill No.: SF0173                  Drafter:  JHR

 

LSO No.:  05LSO-0686              Effective Date:  7/1/2005

 

Enrolled Act No.:  SEA0087

 

Chapter No.:       177

 

Prime Sponsor:     Senator Meier

 

Catch Title:       Assault upon corrections or detention officer.

 

Subject:  Creates a crime of assault and battery on a corrections or detention officer, as specified.

 

 

Summary/Major Elements:

·         This bill:

·         Creates a crime of assault and battery on a corrections or detention officer or a staff member;

·         Specifies that a person is guilty of a misdemeanor offense of assault or battery on a corrections or detention officer or staff member if the person recklessly propels a dangerous substance at the officer or member, or tampers with or alters any item by contaminating the item with a dangerous substance, if the item is to be handled by the officer or member during the course of his official duties;

·         Specifies that a person is guilty of a felony offense if he intentionally or knowingly performs the acts specified under the misdemeanor offense;

·         Provides a misdemeanor penalty of not more than $750.00, imprisonment of not more than 6 months, or both;

·         Provides a felony penalty of not more than $5,000.00, imprisonment of not more than 5 years, or both;

·         Provides an enhancement of not more than 10 years for the felony offense if the person has a contagious life threatening disease and commits the offense with the intent to infect an officer or member with the intent of infecting the officer or member with the disease;

·         Defines "dangerous substance" to include blood, urine, saliva, vomitus, semen and feces;

·         Defines "corrections officer", "detention officer" and "staff member" to include volunteers and persons employed by the Department of Corrections or a county or municipal jail who work with, or in the vicinity of, inmates.