To further provide for criminal offenses by persons incarcerated or in custody at jails or correctional facilities; to specify the crime of assault with a body fluid or body waste; to provide for criminal penalties; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. (a) Any person incarcerated or in custody at a jail or state correctional facility who knowingly and willfully commits an assault with any body fluid or body waste upon a law enforcement officer, jailer, or correctional officer or an employee of the Department of Corrections or the jail while the officer or employee is engaged in the performance of his or her duty shall be guilty of a Class C felony and shall be punished as provided by law.
(b) Each violation of subsection (a) shall be considered a separate offense subject to separate penalties.
(c) This section shall be construed together with all other crimes or offenses against corrections officers and employees.
(d) If the offense is committed against a county or municipal officer or employee or if the offense occurs while the offending person is in a county or municipal jail, any fines collected as punishment for a violation of this section shall be paid to the general fund of the county or municipality where the offending person was held to be expended for the operation of the county or municipal jail where the offense occurred.
Section 2. Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621 because the bill defines a new crime or amends the definition of an existing crime.