Today's Law As Amended

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AB-2406 Battery: gassing.(2013-2014)



SECTION 1.

 Section 243.93 is added to the Penal Code, to read:

243.93.
 (a) Every person who commits battery by gassing upon the person of a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, hospital or nursing home employee, physician, medical professional, ambulance attendant, emergency medical technician, firefighter, or custodial officer, is guilty of aggravated battery, punishable by imprisonment in the county jail not exceeding six months, a fine not exceeding one thousand dollars ($1,000), or both that fine and imprisonment.
(b) For purposes of this section, “gassing” means intentionally placing or throwing, or causing to be placed or thrown, upon the person of another, any human excrement or other bodily fluids or bodily substances or any mixture containing human excrement or other bodily fluids or bodily substances that results in contact with the person’s skin, hair, or membranes.
(c) Every available means shall be used to immediately investigate all reported or suspected violations of subdivision (a), including, but not limited to, the use of forensically acceptable means of preserving and testing the suspected gassing substance to confirm the presence of human excrement or other bodily fluids or bodily substances. If there is probable cause to believe a violation of subdivision (a) has occurred, when it is deemed medically necessary to protect the health of a person who may have been subject to a violation of this section, a law enforcement agency may order the individual suspected of a violation of subdivision (a) to receive an examination or test for hepatitis, tuberculosis, or any other disease that is capable of being transmitted from contact with the human fluid or substance involved, on either a voluntary or involuntary basis immediately after the event, and periodically thereafter as determined to be necessary in order to ensure that further disease transmission does not occur. These decisions shall be consistent with an occupational exposure as defined by the federal Centers for Disease Control and Prevention. The results of any examination or test shall be provided to the person who has been subject to a reported or suspected violation of this section. Any person performing tests, transmitting test results, or disclosing information pursuant to this section shall be immune from civil liability for any action taken in accordance with this section.
(d) This section does not preclude prosecution under both this section and any other provision of law.
SEC. 2.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.