HOUSE BILL NO. 54

INTRODUCED BY R. MENAHAN

BY REQUEST OF THE DEPARTMENT OF CORRECTIONS

A BILL FOR AN ACT ENTITLED: "AN ACT PROVIDING THAT THE CRIMINAL OFFENSE OF ASSAULT INCLUDES ASSAULT WITH A BODILY FLUID COMMITTED BY AN INCARCERATED PERSON; PROVIDING PENALTIES FOR THE OFFENSE; DEFINING "BODILY FLUID"; AMENDING SECTION 45-5-201, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Section 45-5-201, MCA, is amended to read:

"45-5-201. Assault. (1) A person commits the offense of assault if the person:

(a) purposely or knowingly causes bodily injury to another;

(b) negligently causes bodily injury to another with a weapon;

(c) purposely or knowingly makes physical contact of an insulting or provoking nature with another or, while incarcerated after being arrested for, charged with, or convicted of a criminal offense, purposely or knowingly causes one of the person's bodily fluids to make physical contact with another; or

(d) purposely or knowingly causes reasonable apprehension of bodily injury in another.

(2) Except as provided in subsections (3) and (4), a person convicted of assault shall be fined not to exceed $500 or be incarcerated in the county jail for any term not to exceed 6 months, or both.

(3) If the victim is less than 14 years old and the offender is 18 or more years old, the offender, upon conviction under subsection (1)(a), shall be fined not to exceed $50,000 or be incarcerated in the state prison for a term not to exceed 5 years, or both.

(4) (a) A person convicted of assault with a bodily fluid committed while incarcerated in a place other than a state prison shall be fined not to exceed $1,000 or incarcerated in the county jail for a term not to exceed 1 year, or both.

(b) A person convicted of assault with a bodily fluid committed while incarcerated in a state prison shall, if at the time of sentencing the person is incarcerated in a state prison, be sentenced to an additional term of 1 year in a state prison and the first 90 days after the sentencing shall be spent in administrative segregation at the state prison.

(5) As used in this section, "bodily fluid" means any bodily secretion, including but not limited to feces, urine, blood, and saliva.

"

NEW SECTION. Section 2. Effective date. [This act] is effective on passage and approval.

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