Bill Text: IN SB0362 | 2013 | Regular Session | Amended
Bill Title: Battery by body waste.
Sponsorship: Slight Partisan Bill (Republican 3-1)
Status: (Engrossed - Dead) 2013-02-26 - First reading: referred to Committee on Courts and Criminal Code [SB0362 Detail]
Download: Indiana-2013-SB0362-Amended.html
Citations Affected: IC 35-31.5; IC 35-42.
Synopsis: Battery by body waste. Makes it battery by body waste, a
Class D felony, for a person to knowingly or intentionally: (1) in a rude,
insolent, or angry manner place blood or another body fluid or waste on
a health care professional identified as such and while engaged in the
performance of official duties; or (2) coerce another person to place
blood or another body fluid or waste on the health care professional.
Enhances the penalties for committing the offense if the blood, bodily
fluid, or waste is infected with hepatitis B or hepatitis C, HIV, or
tuberculosis.
Effective: July 1, 2013.
Steele, Randolph
January 8, 2013, read first time and referred to Committee on Corrections & Criminal Law.
January 31, 2013, reported favorably _ Do Pass.
February 4, 2013, read second time, ordered engrossed.
February 5, 2013, engrossed; returned to second reading.
February 7, 2013, reread second time, amended, ordered engrossed.
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Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
(1) the department of correction;
(2) a law enforcement agency;
(3) a probation department;
(4) a county jail; or
(5) a circuit, superior, county, probate, city, or town court.
(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, "emergency medical responder" means a person who:
(1) is certified under IC 16-31 and who meets the Indiana emergency medical services commission's standards for emergency medical responder certification; and
(2) responds to an incident requiring emergency medical services.
(d) As used in this section, "health care professional" means:
(1) any person licensed, registered, or certified as any health care professional who provides treatment or other health related professional services to an individual; or
(2) a security guard or other person who provides security services for a health facility or other location in which treatment is provided to an individual by a person described in subdivision (1).
(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.
(f) (g) 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.
