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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
|||| 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
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