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House of Representatives
Session of 2021 - 2022 Regular Session


Posted: December 9, 2020 01:56 PM
From: Representative Louis C. Schmitt, Jr.
To: All House members
Subject: Harassment of Law Enforcement Officer (Former HB2016)
I was contacted by a police officer in my district who informed me that there is a loophole in the laws we have enacted to protect law enforcement officers from coming into contact with saliva and other bodily fluids. Currently, the Crimes Code creates an offense if the law enforcement officer comes into contact with another person’s bodily fluid only if the person is committed to a correctional facility or is being transported to a correctional facility. The Crimes Code does not address the scenario where a person deliberately spits on an officer or causes the officer to come into contact with other bodily fluids where such an act is the primary offense.

I am reintroducing this legislation entitled Harassment of Law Enforcement Officer. This bill provides that if a person intentionally or knowingly causes the officer to come into contact with saliva or other bodily fluid by throwing, tossing, or spitting the bodily fluid, the person would commit a criminal offense. If the individual knew, should have known, or believed such fluid or material had been obtained from an individual who was infected by a communicable disease the offense is a felony of the third degree. In any other situation the offense is graded as a misdemeanor of the first degree.

I hope you will join me in co-sponsoring this legislation.

Introduced as HB103