The bill S. 189 aims to amend the South Carolina Code of Laws by introducing a new offense titled "Assault and Battery with Bodily Fluids." This new section, 16-3-605, defines "bodily fluids" to include blood, feces, urine, or semen, and establishes that intentionally throwing or attempting to throw these fluids onto another person without consent constitutes a felony. Penalties for this offense include fines of up to five thousand dollars or imprisonment for up to five years. Additionally, if the offender tests positive for a communicable or bloodborne disease, the penalties increase to fines of up to ten thousand dollars or imprisonment for up to ten years.

The bill also mandates that individuals charged under this section undergo testing for communicable or bloodborne diseases if their bodily fluids are deemed a health risk to the victim. It clarifies that this offense is not a lesser-included offense of similar actions against correctional officers and does not prevent prosecution for more serious offenses if the offender is HIV-positive or tests positive for other transmissible diseases. Furthermore, the provisions do not apply to individuals classified as "patients" under existing law. The act will take effect upon approval by the Governor.

Statutes affected:
01/14/2025: 16-3-605
Latest Version: 16-3-605