Amends TCA Title 39, Chapter 13, Part 1.
This bill revises the offense of assault against a first responder or nurse. Under present law, a person commits: (1) Assault against a first responder or nurse, who is discharging or attempting to discharge the first responder's or nurse's official duties, who knowingly causes bodily injury to a first responder or nurse; or knowingly causes physical contact with a first responder or nurse and a reasonable person would regard the contact as extremely offensive or provocative, including, but not limited to, spitting, throwing, or otherwise transferring bodily fluids, bodily pathogens, or human waste onto the person of a first responder or nurse; and (2) Aggravated assault against a first responder or nurse, who knowingly commits an assault under item (1) above, and the assault: (A) Results in serious bodily injury to the first responder or nurse; (B) Results in the death of the first responder or nurse; (C) lnvolved the use or display of a deadly weapon; or (D) lnvolved strangulation or attempted strangulation. Under present law, assault under item (1) above is a Class A misdemeanor, punished by a mandatory fine of $5,000 and a mandatory minimum sentence of 30 days incarceration. The defendant is not eligible for release from confinement until the defendant has served the entire 30-day mandatory minimum sentence. Aggravated assault under item (2) above is a Class C felony, and is punished by a mandatory fine of $15,000 and a mandatory minimum sentence of 90 days incarceration. The defendant is not eligible for release from confinement until the defendant has served the entire 90-day mandatory minimum sentence. This bill: (1) Broadens the offenses of assault and aggravated assault against a first responder or nurse to include offenses committed against any licensed emergency healthcare provider; (2) Adds as a circumstance that constitutes aggravated assault that the assault involved throwing an item at the first responder or other licensed emergency healthcare provider that strikes the first responder or emergency healthcare provider causing bodily injury that requires medical care; (3) Increases the mandatory minimum incarceration for an assault from 30 days incarceration to 90 days incarceration; (4) Revises the penalties for aggravated assault to be as follows: (A) Aggravated assault that results in death will be a Class A felony, and punished by a mandatory fine of $50,000 and a mandatory minimum sentence of 15 years incarceration. The defendant will not be eligible for release from confinement until the defendant has served the entire 15-year mandatory minimum sentence; and (B) Aggravated assault under any of the other circumstances described above in present law and the circumstance added by this bill will be a Class C felony, punished by a mandatory fine of $10,000 and a mandatory minimum sentence of 180 days incarceration.
This bill revises the offense of assault against a first responder or nurse. Under present law, a person commits: (1) Assault against a first responder or nurse, who is discharging or attempting to discharge the first responder's or nurse's official duties, who knowingly causes bodily injury to a first responder or nurse; or knowingly causes physical contact with a first responder or nurse and a reasonable person would regard the contact as extremely offensive or provocative, including, but not limited to, spitting, throwing, or otherwise transferring bodily fluids, bodily pathogens, or human waste onto the person of a first responder or nurse; and (2) Aggravated assault against a first responder or nurse, who knowingly commits an assault under item (1) above, and the assault: (A) Results in serious bodily injury to the first responder or nurse; (B) Results in the death of the first responder or nurse; (C) lnvolved the use or display of a deadly weapon; or (D) lnvolved strangulation or attempted strangulation. Under present law, assault under item (1) above is a Class A misdemeanor, punished by a mandatory fine of $5,000 and a mandatory minimum sentence of 30 days incarceration. The defendant is not eligible for release from confinement until the defendant has served the entire 30-day mandatory minimum sentence. Aggravated assault under item (2) above is a Class C felony, and is punished by a mandatory fine of $15,000 and a mandatory minimum sentence of 90 days incarceration. The defendant is not eligible for release from confinement until the defendant has served the entire 90-day mandatory minimum sentence. This bill: (1) Broadens the offenses of assault and aggravated assault against a first responder or nurse to include offenses committed against any licensed emergency healthcare provider; (2) Adds as a circumstance that constitutes aggravated assault that the assault involved throwing an item at the first responder or other licensed emergency healthcare provider that strikes the first responder or emergency healthcare provider causing bodily injury that requires medical care; (3) Increases the mandatory minimum incarceration for an assault from 30 days incarceration to 90 days incarceration; (4) Revises the penalties for aggravated assault to be as follows: (A) Aggravated assault that results in death will be a Class A felony, and punished by a mandatory fine of $50,000 and a mandatory minimum sentence of 15 years incarceration. The defendant will not be eligible for release from confinement until the defendant has served the entire 15-year mandatory minimum sentence; and (B) Aggravated assault under any of the other circumstances described above in present law and the circumstance added by this bill will be a Class C felony, punished by a mandatory fine of $10,000 and a mandatory minimum sentence of 180 days incarceration.
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