SB 774 Creates additional measures intended to increase safety at the Department of Mental Health
Sponsor: Lembke
LR Number: 4370S.02T Fiscal Note: 4370-02T.ORG
Committee: Health, Mental Health, Seniors and Families
Last Action: 6/18/2010 - Signed by Governor Journal Page:
Title: SCS SB 774 Calendar Position:
Effective Date: August 28, 2010
House Handler: Riddle

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Current Bill Summary

SCS/SB 774 - This act creates the crime of endangering a Department of Mental Health employee, visitor or other person at a secured facility, or another person ordered to the department. A person ordered to the department as a sexually violent predator commits such act if he or she attempts to cause or knowingly causes any such individual to come into contact with blood, seminal fluid, urine, feces, or saliva. This crime is equivalent to the crime of endangerment by a criminal offender against a Department of Corrections employee, visitor, and other offender.

Such offense is a Class D felony unless the substance is unidentified, in which case it is a class A misdemeanor. If the person is knowingly infected with HIV, Hepatitis B or C and exposes another person to such disease, by committing this crime, it is a Class C felony.

Current law provides that interest shall be recovered on any and all sums due to any facility or program operated or funded by the Department of Mental Health on account of any patient or resident. This act provides that when the account is certified by the department director or his or her designee, rather than the head of the facility, such account shall be prima facie evidence of the amount due.

Certain provisions of this act are similar to SB 945 (2010) and HB 1969 (2010).