The bill would amend the Penal Code by including the harassment of a public servant in the offense of harassment by persons in certain correctional or detention facilities.  According to the bill, if a person imprisoned in a correctional or detention facility causes another person the actor knows to be a public servant to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal while the public servant is lawfully discharging an official duty, the offense would be a third degree felony.  If the actor consciously disregards a known substantial risk that the blood, seminal fluid, vaginal fluid, saliva, urine, or feces is infected with HIV, hepatitis B, or tuberculosis, the offense would be a second degree felony.  If a person contracts HIV, hepatitis B, or tuberculosis as a result of the offense, it would be punishable as a first degree felony.  The court would be required to order a defendant convicted of the offense to make restitution to the victim or the victim’s employer in an amount equal to costs for testing or treatment of HIV, hepatitis B, or tuberculosis.

A third degree felony is punishable by imprisonment in the institutional division for any term of not more than ten years or less than two years, or, in addition to imprisonment, a fine not to exceed $10,000. 

A second degree felony is punishable by imprisonment in the institutional division for any term of not more than 20 years or less than 2 years, or, in addition to imprisonment, a fine not to exceed $10,000.

A first degree felony is punishable by imprisonment in the institutional division for life or for any term of not more than 99 years or less than 5 years, or in addition to imprisonment, a fine not to exceed $10,000.
 
Increasing the penalty for any criminal offense is expected to result in increased demands upon the correctional resources of counties or of the State due to longer terms of probation, or, longer terms of confinement in county jails or prison. In the case of this bill, the increased workload and demand for resources would probably not be substantial.