Amends TCA Title 39, Chapter 13.
This bill increases the penalty for assault that results in the bodily injury of a law enforcement officer who is discharging the officer's official duties, as discussed below. Under present law, a person commits assault against a first responder (which includes a law enforcement officer) or nurse, who is discharging or attempting to discharge the first responder's or nurse's official duties, who: (1) Knowingly causes bodily injury to a first responder or nurse; or (2) 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. Under present law, such an assault 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. This bill increases the penalty for such an assault committed against a law enforcement officer from a Class A misdemeanor to a Class E felony. This bill retains the fine and confinement provisions described above for the offense.
This bill increases the penalty for assault that results in the bodily injury of a law enforcement officer who is discharging the officer's official duties, as discussed below. Under present law, a person commits assault against a first responder (which includes a law enforcement officer) or nurse, who is discharging or attempting to discharge the first responder's or nurse's official duties, who: (1) Knowingly causes bodily injury to a first responder or nurse; or (2) 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. Under present law, such an assault 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. This bill increases the penalty for such an assault committed against a law enforcement officer from a Class A misdemeanor to a Class E felony. This bill retains the fine and confinement provisions described above for the offense.
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