SB0358112th GA (Historical)Introduced

Amends TCA Title 39, Chapter 13.

Under present law, a person commits a Class A misdemeanor assault against a first responder, who is discharging or attempting to discharge the first responder's official duties, who: (1) Knowingly causes bodily injury to a first responder; or (2) Knowingly causes physical contact with a first responder 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. This bill increases the penalty for assault against a first responder to a Class E felony. Like present law, this bill provides that a violation of such offense also requires a mandatory fine of $5,000, mandatory minimum sentence of 30 days incarceration, and no eligibility for release from confinement until the defendant has served the entire 30-day minimum sentence. ON APRIL 14, 2021, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 1074, AS AMENDED. AMENDMENT #1 rewrites this bill and redefines "first responder," for purposes of the present law offense of assault against a first responder (described above in the bill summary) to include a healthcare provider. This amendment defines "healthcare provider" as healthcare professionals who are licensed, registered, certified, or permitted under state law and regulated under the authority of either the department of health or any agency, board, council, or committee attached to the department of health.

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Overview

Under present law, a person commits a Class A misdemeanor assault against a first responder, who is discharging or attempting to discharge the first responder's official duties, who: (1) Knowingly causes bodily injury to a first responder; or (2) Knowingly causes physical contact with a first responder 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. This bill increases the penalty for assault against a first responder to a Class E felony. Like present law, this bill provides that a violation of such offense also requires a mandatory fine of $5,000, mandatory minimum sentence of 30 days incarceration, and no eligibility for release from confinement until the defendant has served the entire 30-day minimum sentence. ON APRIL 14, 2021, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 1074, AS AMENDED. AMENDMENT #1 rewrites this bill and redefines "first responder," for purposes of the present law offense of assault against a first responder (described above in the bill summary) to include a healthcare provider. This amendment defines "healthcare provider" as healthcare professionals who are licensed, registered, certified, or permitted under state law and regulated under the authority of either the department of health or any agency, board, council, or committee attached to the department of health.

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

February 1, 2021

Subjects
12103855

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SB0358: Amends TCA Title 39, Chapter 13. | LegisGo