2001 Legislation
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HOUSE BILL NO. 61 – Inmate, propel bodily fluid/waste

HOUSE BILL NO. 61

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Daily Data Tracking History



H0061................................by JUDICIARY, RULES AND ADMINISTRATION
CORRECTION FACILITIES - Adds to existing law to provide penalties for
persons in custody to propel bodily fluid or waste at certain persons.
                                                                        
01/18    House intro - 1st rdg - to printing
01/19    Rpt prt - to Jud
01/26    Rpt out - rec d/p - to 2nd rdg
01/29    2nd rdg - to 3rd rdg
01/31    3rd rdg - PASSED - 63-7-0
      AYES -- Barraclough, Barrett, Bell, Bieter, Black, Boe, Bolz,
      Bradford, Bruneel, Callister, Chase, Clark, Collins, Crow, Cuddy,
      Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20),
      Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins, Jaquet,
      Jones, Kellogg, Kendell, Kunz, Lake, Langford, Mader, Marley,
      McKague, Meyer, Montgomery, Mortensen, Moss, Pearce, Pischner,
      Pomeroy, Raybould, Ridinger, Roberts, Sali, Schaefer, Sellman,
      Shepherd, Smith, Smylie, Stevenson, Stone, Swan(Hansen), Trail,
      Wheeler, Wood, Young, Mr. Speaker
      NAYS -- Bedke(Woodhouse), Campbell, Hornbeck, Loertscher, Moyle,
      Robison, Tilman
      Absent and excused -- None
    Floor Sponsor - Young
    Title apvd - to Senate
02/01    Senate intro - 1st rdg - to Jud
02/13    Rpt out - rec d/p - to 2nd rdg
02/14    2nd rdg - to 3rd rdg
02/26    3rd rdg - PASSED - 34-0-1
      AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
      Burtenshaw, Cameron, Danielson, Darrington, Deide, Dunklin, Frasure,
      Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee,
      Lodge, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen,
      Stegner, Stennett, Thorne, Wheeler, Whitworth, Williams,
      NAYS -- None
      Absent and excused -- Davis
    Floor Sponsor -- Richardson
    Title apvd - to House
02/27    To enrol
02/28    Rpt enrol - Sp signed
03/01    Pres signed
03/02    To Governor
03/05    Governor signed
         Session Law Chapter 33
         Effective: 07/01/01

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 61
                                                                        
                      BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO CRIMES BY PERSONS IN CUSTODY; AMENDING CHAPTER 9, TITLE 18,  IDAHO
  3        CODE,  BY  THE  ADDITION  OF A NEW SECTION 18-915B, IDAHO CODE, TO PROVIDE
  4        PENALTIES FOR PROPELLING BODILY FLUID OR WASTE AT CERTAIN PERSONS.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION 1.  That Chapter 9, Title 18, Idaho Code,  be,  and  the  same  is
  7    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
  8    ignated as Section 18-915B, Idaho Code, and to read as follows:
                                                                        
  9        18-915B.  PROPELLING BODILY FLUID OR WASTE AT CERTAIN PERSONS. Any  person
 10    who  is  housed  in  a  state,  private  or county correctional facility, work
 11    release center or labor camp, or who is being transported or supervised  by  a
 12    correctional  officer or detention officer, irrespective of whether the person
 13    is a sentenced prisoner or a pretrial detainee, and who knowingly propels  any
 14    bodily  fluid  or bodily waste at any detention officer, correctional officer,
 15    staff member, private contractor or employee of a county or state correctional
 16    facility, or authorized visitor to a county or  state  correctional  facility,
 17    work  release  center  or  labor  camp, or who knowingly introduces any bodily
 18    fluid or bodily waste into the food or drink of such  officer,  staff  member,
 19    private  contractor, employee or authorized visitor, shall be guilty of a fel-
 20    ony punishable by imprisonment in a correctional facility for  not  more  than
 21    five  (5)  years,  and such sentence shall be served consecutively to any sen-
 22    tence currently served.

Statement of Purpose / Fiscal Impact


                   Statement of Purpose
                         RS 10638


Persons working at correctional facilities have been
the target of blood, urine, saliva, semen, feces or a
combination thereof thrown, spat or otherwise propelled by
inmates. Similarly, inmate cooks occasionally put bodily
fluids or waste in food or drinks served to such persons. No
statute in Idaho currently covers such conduct for all
persons targeted who are working or visiting a jail or
correctional facility. This legislation not only puts
inmates on notice that such behavior has severe
consequences, it would also improve the morale of
correctional guards and staff to know that such conduct is
considered a felony by the legislature.

                       FISCAL IMPACT


This legislation has no direct impact on the general fund.


CONTACT: Idaho Sheriffs Association, Michael J. Kane        
Phone: 342-4545

STATEMEMT OF PURPOSE/FISCAL IMPACT         H 61