SB0026113th GA (Historical)Introduced

Amends TCA Title 39.

This bill expands the offenses of assault, and aggravated assault, against a first responder or nurse to apply to assaults committed against all healthcare professionals.<br /> <br /> Under present law, a person commits assault against a first responder or nurse, who is discharging or attempting to discharge the first responder's or nurse's official duties, who:<br /> <br /> (1) Knowingly causes bodily injury to a first responder or nurse; or<br /> <br /> (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.<br /> <br /> This offense is a Class A misdemeanor, and punished by a mandatory fine of $5,000 and a mandatory minimum sentence of 30 days incarceration.<br /> <br /> Under present law, a person commits aggravated assault against a first responder or nurse, who is discharging or attempting to discharge the first responder or nurse's official duties, who knowingly commits an assault as described above, and the assault:<br /> <br /> (1) Results in serious bodily injury to the first responder or nurse;<br /> <br /> (2) Results in the death of the first responder or nurse;<br /> <br /> (3) lnvolved the use or display of a deadly weapon; or<br /> <br /> (4) lnvolved strangulation or attempted strangulation.<br /> <br /> This offense is a Class C felony, and punished by a mandatory fine of $15,000 and a mandatory minimum sentence of 90 days incarceration.<br /> <br /> Under present law, these offenses apply to assaults committed against:<br /> <br /> (1) Firefighters;<br /> <br /> (2) Emergency services personnel;<br /> <br /> (3) POST-certified law enforcement officers;<br /> <br /> (4) Other persons who respond to calls for emergency assistance from a 911 call; <br /> <br /> (5) Capitol police officers;<br /> <br /> (6) Tennessee highway patrol officers;<br /> <br /> (7) Tennessee bureau of investigation agents;<br /> <br /> (8) Tennessee wildlife resources agency officers;<br /> <br /> (9) Park rangers employed by the division of parks and recreation in the department of environment and conservation; and<br /> <br /> (10) Nurses licensed, registered, or certificated in this state.<br /> <br /> This bill would add to the above list persons who are licensed, certified, or otherwise authorized or permitted by the laws of any state to administer health care in the ordinary course of business or practice of a profession.<br />

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Overview

This bill expands the offenses of assault, and aggravated assault, against a first responder or nurse to apply to assaults committed against all healthcare professionals.<br /> <br /> Under present law, a person commits assault against a first responder or nurse, who is discharging or attempting to discharge the first responder's or nurse's official duties, who:<br /> <br /> (1) Knowingly causes bodily injury to a first responder or nurse; or<br /> <br /> (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.<br /> <br /> This offense is a Class A misdemeanor, and punished by a mandatory fine of $5,000 and a mandatory minimum sentence of 30 days incarceration.<br /> <br /> Under present law, a person commits aggravated assault against a first responder or nurse, who is discharging or attempting to discharge the first responder or nurse's official duties, who knowingly commits an assault as described above, and the assault:<br /> <br /> (1) Results in serious bodily injury to the first responder or nurse;<br /> <br /> (2) Results in the death of the first responder or nurse;<br /> <br /> (3) lnvolved the use or display of a deadly weapon; or<br /> <br /> (4) lnvolved strangulation or attempted strangulation.<br /> <br /> This offense is a Class C felony, and punished by a mandatory fine of $15,000 and a mandatory minimum sentence of 90 days incarceration.<br /> <br /> Under present law, these offenses apply to assaults committed against:<br /> <br /> (1) Firefighters;<br /> <br /> (2) Emergency services personnel;<br /> <br /> (3) POST-certified law enforcement officers;<br /> <br /> (4) Other persons who respond to calls for emergency assistance from a 911 call; <br /> <br /> (5) Capitol police officers;<br /> <br /> (6) Tennessee highway patrol officers;<br /> <br /> (7) Tennessee bureau of investigation agents;<br /> <br /> (8) Tennessee wildlife resources agency officers;<br /> <br /> (9) Park rangers employed by the division of parks and recreation in the department of environment and conservation; and<br /> <br /> (10) Nurses licensed, registered, or certificated in this state.<br /> <br /> This bill would add to the above list persons who are licensed, certified, or otherwise authorized or permitted by the laws of any state to administer health care in the ordinary course of business or practice of a profession.<br />

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Sponsor

Unknown

Details
Session

113th General Assembly

Introduced

December 20, 2022

Subjects
12103040

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