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03 SB20/AP
Senate Bill
20
By: Senators Jackson of the 50th, Meyer von Bremen of the 12th and Seay of the 34th
AS PASSED
By: Senators Jackson of the 50th, Meyer von Bremen of the 12th and Seay of the 34th
AS PASSED
AN ACT
To amend Code Section 16-5-60 of the Official Code of
Georgia Annotated, relating to reckless conduct causing harm to or endangering
the bodily safety of another, so as to prohibit assault with body fluids,
saliva, or feces by a person who is infected with HIV or hepatitis against a
peace officer or correctional officer; to prescribe penalties for violations; to
provide for related matters; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Code Section 16-5-60 of the Official Code of Georgia
Annotated, relating to reckless conduct causing harm to or endangering the
bodily safety of another, is amended by adding at its end a new subsection (d)
to read as
follows:
"(d) A person who is an HIV infected person or hepatitis infected person and who, after obtaining knowledge of being infected with HIV or hepatitis, commits an assault with the intent to transmit HIV or hepatitis, using his or her body fluids (blood, semen, or vaginal secretions), saliva, urine, or feces upon:
(1) A peace officer while the peace officer is engaged in the performance of his or her official duties or on account of the peace officer´s performance of his or her official duties; or
(2) A correctional officer while the correctional officer is engaged in the performance of his or her official duties or on account of the correctional officer´s performance of his or her official duties
is guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five nor more than 20 years."
"(d) A person who is an HIV infected person or hepatitis infected person and who, after obtaining knowledge of being infected with HIV or hepatitis, commits an assault with the intent to transmit HIV or hepatitis, using his or her body fluids (blood, semen, or vaginal secretions), saliva, urine, or feces upon:
(1) A peace officer while the peace officer is engaged in the performance of his or her official duties or on account of the peace officer´s performance of his or her official duties; or
(2) A correctional officer while the correctional officer is engaged in the performance of his or her official duties or on account of the correctional officer´s performance of his or her official duties
is guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five nor more than 20 years."
SECTION 2.
All laws and parts of laws in conflict with this Act are
repealed.