(a) A person commits the offense of aggravated assault upon a healthcare worker if he or she, under circumstances manifesting extreme indifference to the personal hygiene and safety of the healthcare worker, purposely engages in conduct that creates a potential danger of infection to the healthcare worker while the healthcare worker is engaged in the course of his or her employment by causing a person whom the actor knows to be a healthcare worker to come into contact with saliva, blood, urine, feces, seminal fluid, or other bodily fluid by purposely throwing, tossing, expelling, or otherwise transferring the fluid or material.
(b) Aggravated assault upon a healthcare worker is a Class D felony.
(c) This section does not amend, modify, or affect:(1) The provisions of § 9-35-412(g) or § 9-35-412(h)(2), which require a finding to transfer a juvenile case to circuit court for prosecution as an adult to be supported by clear and convincing evidence; or(2) The provisions of §§ 5-2-327 and 5-2-328 governing the determination of a defendant's fitness to proceed in a criminal case.
(1) The provisions of § 9-35-412(g) or § 9-35-412(h)(2), which require a finding to transfer a juvenile case to circuit court for prosecution as an adult to be supported by clear and convincing evidence; or
(2) The provisions of §§ 5-2-327 and 5-2-328 governing the determination of a defendant's fitness to proceed in a criminal case.