Amends TCA Title 39, Chapter 13.
This bill adds assault and aggravated assault against a nurse to the present law offenses of assault and aggravated assault of a first responder. Under present law, it is a Class A misdemeanor to assault a first responder who is discharging or attempting to discharge the first responder's official duties and: (1) Knowingly cause bodily injury to the first responder; or (2) Knowingly cause physical contact with a first responder and a reasonable person would regard the contact as extremely offensive or provocative, including spitting, throwing, or transferring bodily fluids, bodily pathogens, or human waste onto the first responder. This bill extends the offense to include such injury to or contract with a nurse who is discharging or attempting to discharge the nurse's official duties. Under present law, the Class C felony of aggravated assault against a first responder who is discharging or attempting to discharge the first responder's official duties, is committed when a person who knowingly commits an assault as described above and the assault: (1) Results in serious bodily injury to the first responder; (2) Results in death of the first responder; (3) Involved the use or display of a deadly weapon; or (4) Involved strangulation or attempted strangulation. This bill extends the offense to include such an aggravated assault against a nurse who is discharging or attempting to discharge the nurse's official duties. Under present law, the Class A misdemeanor described above is punishable by a mandatory fine of $5,000 and a mandatory minimum sentence of 30 days incarceration. A defendant is not eligible for release until the entire 30-day sentence has been served. The above-described Class C felony is punishable by a mandatory fine of $15,000 and a mandatory minimum sentence of 90 days incarceration. The defendant is not eligible for release until the 90-day mandatory sentence has been served. These penalty provisions will also apply under this bill when the victim of either offense is a nurse who is discharging or attempting to discharge the nurse's official duties.
This bill adds assault and aggravated assault against a nurse to the present law offenses of assault and aggravated assault of a first responder. Under present law, it is a Class A misdemeanor to assault a first responder who is discharging or attempting to discharge the first responder's official duties and: (1) Knowingly cause bodily injury to the first responder; or (2) Knowingly cause physical contact with a first responder and a reasonable person would regard the contact as extremely offensive or provocative, including spitting, throwing, or transferring bodily fluids, bodily pathogens, or human waste onto the first responder. This bill extends the offense to include such injury to or contract with a nurse who is discharging or attempting to discharge the nurse's official duties. Under present law, the Class C felony of aggravated assault against a first responder who is discharging or attempting to discharge the first responder's official duties, is committed when a person who knowingly commits an assault as described above and the assault: (1) Results in serious bodily injury to the first responder; (2) Results in death of the first responder; (3) Involved the use or display of a deadly weapon; or (4) Involved strangulation or attempted strangulation. This bill extends the offense to include such an aggravated assault against a nurse who is discharging or attempting to discharge the nurse's official duties. Under present law, the Class A misdemeanor described above is punishable by a mandatory fine of $5,000 and a mandatory minimum sentence of 30 days incarceration. A defendant is not eligible for release until the entire 30-day sentence has been served. The above-described Class C felony is punishable by a mandatory fine of $15,000 and a mandatory minimum sentence of 90 days incarceration. The defendant is not eligible for release until the 90-day mandatory sentence has been served. These penalty provisions will also apply under this bill when the victim of either offense is a nurse who is discharging or attempting to discharge the nurse's official duties.
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