SB1709113th GA (Historical)Introduced

Amends TCA Title 39.

This bill provides that it is a Class A misdemeanor for a person to commit an assault within a healthcare facility who knowingly causes bodily injury to another within a healthcare facility; or knowingly causes physical contact with another within a healthcare facility and a reasonable person would regard the contact as extremely offensive or provocative. Under this bill, a Class A misdemeanor is punishable 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. Additionally, this bill provides that it is a Class C misdemeanor for a person to commit an aggravated assault within a healthcare facility who knowingly commits an assault under this bill within a healthcare facility, and the assault: (1) Results in serious bodily injury to the victim; (2) Results in the death of the victim; (3) Involves the use or display of a deadly weapon; or (4) Involves strangulation or attempted strangulation. Under this bill, a Class C misdemeanor 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 from confinement until the defendant has served the entire 90-day mandatory minimum sentence. ON APRIL 15, 2024, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1709, AS AMENDED. AMENDMENT #1 makes the following changes: (1) Names the bill the "Dr. Benjamin Mauck Act"; (2) Redefines a "healthcare facility" to mean the portion of an institution, place, building, or office devoted to providing healthcare services, including the reception and administrative areas of the facility; and (3) Changes the effective date to July 1, 2024.

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Overview

This bill provides that it is a Class A misdemeanor for a person to commit an assault within a healthcare facility who knowingly causes bodily injury to another within a healthcare facility; or knowingly causes physical contact with another within a healthcare facility and a reasonable person would regard the contact as extremely offensive or provocative. Under this bill, a Class A misdemeanor is punishable 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. Additionally, this bill provides that it is a Class C misdemeanor for a person to commit an aggravated assault within a healthcare facility who knowingly commits an assault under this bill within a healthcare facility, and the assault: (1) Results in serious bodily injury to the victim; (2) Results in the death of the victim; (3) Involves the use or display of a deadly weapon; or (4) Involves strangulation or attempted strangulation. Under this bill, a Class C misdemeanor 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 from confinement until the defendant has served the entire 90-day mandatory minimum sentence. ON APRIL 15, 2024, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1709, AS AMENDED. AMENDMENT #1 makes the following changes: (1) Names the bill the "Dr. Benjamin Mauck Act"; (2) Redefines a "healthcare facility" to mean the portion of an institution, place, building, or office devoted to providing healthcare services, including the reception and administrative areas of the facility; and (3) Changes the effective date to July 1, 2024.

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Sponsor

Unknown

Details
Session

113th General Assembly

Introduced

January 10, 2024

Subjects
121048232170

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