Bill > S0189

This bill creates a new criminal offense in South Carolina called "assault and battery with bodily fluids," which makes it a felony to intentionally throw or attempt to throw bodily fluids (such as blood, feces, urine, or semen) onto another person without their consent. The bill establishes two levels of potential penalties: if the offender does not have a communicable or bloodborne disease, they can be fined up to $5,000 and/or imprisoned for up to 5 years; however, if the offender tests positive for such a disease, the penalties increase to a fine of up to $10,000 and/or imprisonment for up to 10 years. The bill also mandates testing for communicable or bloodborne diseases when law enforcement or healthcare professionals determine that the exposure poses a health risk to the victim. Importantly, this offense is distinct from existing laws about throwing bodily fluids on correctional officers, and does not prevent prosecution for more serious offenses if the offender is found to be HIV-positive or carrying another transmissible disease. The law specifically excludes patients as defined in a separate section of South Carolina law from these provisions. The act will take effect upon the Governor's approval.

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https://www.scstatehouse.gov/billsearch.php?billnumbers=0189&session=126&summary=B