Bill Text: MS HB1050 | 2025 | Regular Session | Introduced

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Bill Title: Crimes of exposing another to contagious diseases and endangerment by bodily substance; revise elements and penalties.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Failed) 2025-02-04 - Died In Committee [HB1050 Detail]

Download: Mississippi-2025-HB1050-Introduced.html

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MISSISSIPPI LEGISLATURE

2025 Regular Session

To: Judiciary B

By: Representatives Butler-Washington, Gibbs (72nd), Hulum, James-Jones, Nelson

House Bill 1050

AN ACT TO AMEND SECTION 97-27-14, MISSISSIPPI CODE OF 1972, TO REVISE THE CRIME OF CAUSING EXPOSURE TO CERTAIN CONTAGIOUS  DISEASES TO INTENTIONAL TRANSMISSION OF INFECTIOUS DISEASES; TO ESTABLISH DEFENSES TO PROSECUTION; TO REVISE THE PENALTIES FOR PERSONS GUILTY OF COMMITTING THE CRIMES OF INTENTIONAL TRANSMISSION OF INFECTIOUS DISEASES AND ENDANGERMENT BY BODILY SUBSTANCE; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 97-27-14, Mississippi Code of 1972, is amended as follows:

     97-27-14.  (1)  It shall be unlawful for any person to * * *knowingly expose act with the specific intent to transmit an infectious disease to another person * * *to human immunodeficiency virus (HIV), hepatitis B or hepatitis C.  Prior knowledge and willing consent to the exposure is a defense to a charge brought under this subsection.  A violation of this subsection shall be a felony through an activity that creates a substantial risk of transmission and transmits an infectious disease to another person.

     (2)  It is a defense to prosecution under this section if:

          (a)  The person who acquired the infectious disease knew of the defendant's positive status before engaging in the conduct that posed a substantial risk of transmission; or

          (b)  The infectious disease was not transmitted to the person; or

          (c)  The person took or attempted to take means to prevent transmission of the infectious disease.

     (3)  For the purposes of this section, the following terms have the meanings ascribed in this subsection:

          (a)  "Infectious disease" means a nonairborne or nonrespiratory disease spread from person to person which is fatal or causes disabling long-term consequences in the absence of lifelong treatment and management.

          (b)  "Conduct that poses a substantial risk of transmission" means an activity that has a reasonable probability of disease transmission as proven by competent medical or epidemiological evidence.  Conduct posing a low or negligible risk of transmission, as proven by competent medical or epidemiological evidence, does not meet the definition of "conduct that poses a substantial risk of transmission."

          (c)  "Means to prevent transmission" means any method, device, behavior or activity scientifically demonstrated to measurably limit, reduce or eliminate the risk of transmitting an infectious disease, including, but not limited to, the use of a condom, barrier protection or prophylactic device, or compliance with a medical treatment regimen for the infectious disease prescribed by a health officer or physician.  A person may not be deemed to have acted with specific intent solely because the person failed to use or attempt to use means to prevent transmission of an infectious disease.

     ( * * *24)  (a)  A person commits the crime of endangerment by bodily substance if the person * * *attempts to cause or knowingly causes specifically intends to transmit an infectious disease and transmits an infectious disease to a corrections employee, a visitor to a correctional facility or another prisoner or offender * * *to come into contact with blood, seminal fluid, urine, feces or saliva.

          (b)  As used in this subsection, the following definitions shall apply unless the context clearly requires otherwise:

              (i)  "Corrections employee" means a person who is an employee or contracted employee of a subcontractor of a department or agency responsible for operating a jail, prison, correctional facility or a person who is assigned to work in a jail, prison or correctional facility.

              (ii)  "Offender" means a person who is in the custody of the Department of Corrections.

              (iii)  "Prisoner" means a person confined in a county or city jail.

 * * *  (c)  A violation of this subsection is a misdemeanor unless the person violating this section knows that he is infected with human immunodeficiency virus (HIV), hepatitis B or hepatitis C, in which case it is a felony.

(3)  Any person convicted of a felony violation of this section shall be imprisoned for not less than three (3) years nor more than ten (10) years and a fine of not more than Ten Thousand Dollars ($10,000.00), or both.

     ( * * *45)  * * *Any person guilty of a misdemeanor A violation of this section is a misdemeanor and shall be punished by imprisonment in the county jail for up to one (1) year and may be fined One Thousand Dollars ($1,000.00), or both.

     ( * * *56)  The provisions of this section shall be in addition to any other provisions of law for which the actions described in this section may be prosecuted.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2025.

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