Lawmakers approve bill to punish inmates for throwing feces at guards

Kiley Russell

Wednesday, April 14, 1999 | 4:21 a.m.

CARSON CITY -- Inmates who throw urine or feces on guards will face fines of up to $10,000 and increased prison sentences of up to 10 years, under a bill passed Wednesday by an Assembly panel.

SB149, approved unanimously by the Assembly Judiciary Committee, also would strip prisoners of so-called good time credits for exposing prison employees, other inmates or visitors to bodily fluids.

"In the old days, we'd just take guys in there and beat the crap out of them, but I guess we can't do that anymore," joked Assemblyman Tom Collins, D-North Las Vegas.

Walter Tarantino, representing a guards' union, said such attacks are increasingly dangerous and expose prison employees to sometimes deadly communicable diseases.

"It used to be more of a demoralizing issue, it irritated the hell out of you when someone threw a cup a urine on you. Now, it's more of a (serious) health issue," said Prison Director Bob Bayer, whose prison career included work as a guard.

Ely State Prison guard Linda Avilla told the Judiciary Committee she was the victim of such an attack last year - hit in the face with excrement when she slid a towel under a cell door.

The prisoner who attacked her had full-blown AIDS, Avilla said, adding that she had to endure several weeks of intensive drug treatments to prevent infection.

Avilla said she's had several blood tests since her attack and hasn't tested positive for HIV or hepatitis. She said she will continue to have AIDS tests for the next 10 years.

"I'm 54 and single and it looks like I'm going to stay that way. To have a personal life is out of the question," Avilla said.

SB149 would require that prison administrators investigate each incident and forward the evidence to the attorney general, the district attorney or city attorney - depending on which office has jurisdiction over the lockup in question. The bill applies to city and county jails as well as state prisons.