Bill Text: NC S520 | 2017-2018 | Regular Session | Amended
Bill Title: Emergency Worker Protection Act
Spectrum: Partisan Bill (Republican 8-0)
Status: (Introduced - Dead) 2017-03-30 - Ref To Com On Rules and Operations of the Senate [S520 Detail]
Download: North_Carolina-2017-S520-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2017
S 1
SENATE BILL 520
Short Title: Emergency Worker Protection Act. |
(Public) |
|
Sponsors: |
Senators Curtis, Dunn, Britt (Primary Sponsors); Brock, Newton, Pate, Rabin, and Sanderson. |
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Referred to: |
Rules and Operations of the Senate |
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March 30, 2017
A BILL TO BE ENTITLED
AN ACT to enact the emergency worker protection act.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 14‑34.5 reads as rewritten:
"§ 14‑34.5. Assault with a firearm on a law enforcement, probation, or parole officer, or on a member of the North Carolina National Guard, or on a person employed at a State or local detention facility.
(a) Any person who commits
an assault with a firearm upon a law enforcement officer, probation officer, or
parole officer while the officer is in the performance of his or her duties is
guilty of a Class E Class D felony.
(a1) Any person who commits an
assault with a firearm upon a member of the North Carolina National Guard while
the member is in the performance of his or her duties is guilty of a Class E
Class D felony.
(b) Anyone who commits an
assault with a firearm upon a person who is employed at a detention facility
operated under the jurisdiction of the State or a local government while the
employee is in the performance of the employee's duties is guilty of a Class
E Class D felony."
SECTION 2. G.S. 14‑34.6 reads as rewritten:
"§ 14‑34.6. Assault or affray on a firefighter, an emergency medical technician, medical responder, and hospital personnel.
(a) A person is guilty of a Class I felony if the person commits an assault or affray causing physical injury on any of the following persons who are discharging or attempting to discharge their official duties:
(1) An emergency medical technician or other emergency health care provider.
(2) A medical responder.
(3) Hospital personnel and licensed healthcare providers who are providing or attempting to provide health care services to a patient in a hospital.
(4) Repealed by Session Laws 2011‑356, s. 2, effective December 1, 2011, and applicable to offenses committed on or after that date.
(5) A firefighter.
(b) Unless a person's
conduct is covered under some other provision of law providing greater
punishment, a person is guilty of a Class H Class G felony if the
person violates subsection (a) of this section and (i) inflicts serious bodily
injury or (ii) uses a deadly weapon other than a firearm.
(c) Unless a person's
conduct is covered under some other provision of law providing greater
punishment, a person is guilty of a Class F Class E felony if the
person violates subsection (a) of this section and uses a firearm."
SECTION 3. G.S. 14‑34.7 reads as rewritten:
"§ 14‑34.7. Certain assaults on a law enforcement, probation, or parole officer, or on a member of the North Carolina National Guard, or on a person employed at a State or local detention facility; penalty.
(a) Unless covered under
some other provision of law providing greater punishment, a person is guilty of
a Class F Class E felony if the person assaults a law enforcement
officer, probation officer, or parole officer while the officer is discharging
or attempting to discharge his or her official duties and inflicts serious
bodily injury on the officer.
(a1) Unless covered under some
other provision of law providing greater punishment, a person is guilty of a Class
F Class E felony if the person assaults a member of the North
Carolina National Guard while he or she is discharging or attempting to
discharge his or her official duties and inflicts serious bodily injury on the
member.
(b) Unless covered under
some other provision of law providing greater punishment, a person is guilty of
a Class F Class E felony if the person assaults a person who is
employed at a detention facility operated under the jurisdiction of the State
or a local government while the employee is in the performance of the
employee's duties and inflicts serious bodily injury on the employee.
(c) Unless covered under
some other provision of law providing greater punishment, a person is guilty of
a Class I Class H felony if the person does any of the following:
(1) Assaults a law enforcement officer, probation officer, or parole officer while the officer is discharging or attempting to discharge his or her official duties and inflicts physical injury on the officer.
(2) Assaults a person who is employed at a detention facility operated under the jurisdiction of the State or a local government while the employee is in the performance of the employee's duties and inflicts physical injury on the employee.
(3) Assaults a member of the North Carolina National Guard while he or she is discharging or attempting to discharge his or her official duties and inflicts physical injury on the member.
For the purposes of this subsection, "physical injury" includes cuts, scrapes, bruises, or other physical injury which does not constitute serious injury."
SECTION 4. G.S. 14‑288.9 reads as rewritten:
"§ 14‑288.9. Assault on emergency personnel; punishments.
(a) An assault upon emergency personnel is an assault upon any person coming within the definition of "emergency personnel" which is committed in an area:
(1) In which a declared state of emergency exists; or
(2) Within the immediate vicinity of which a riot is occurring or is imminent.
(b) The term "emergency personnel" includes law‑enforcement officers, firemen, ambulance attendants, utility workers, doctors, nurses, and other persons lawfully engaged in providing essential services during the emergency.
(c) Any person who commits
an assault causing physical injury upon emergency personnel is guilty of a Class
I Class H felony. Any person who commits an assault upon emergency
personnel with or through the use of any dangerous weapon or substance shall be
punished as a Class F Class E felon."
SECTION 5. G.S. 14‑31 reads as rewritten:
"§ 14‑31. Maliciously assaulting in a secret manner.
(a) If any person shall in a secret manner maliciously commit an assault and battery with any deadly weapon upon another by waylaying or otherwise, with intent to kill such other person, notwithstanding the person so assaulted may have been conscious of the presence of his adversary, he shall be punished as a Class E felon.
(b) A violation of subsection (a) of this section committed against an emergency worker while the emergency worker is discharging or is attempting to discharge the worker's official duties is a Class D felony. For purposes of this subsection, an "emergency worker" is a law enforcement officer, firefighter, emergency medical technician, or medical responder."
SECTION 6. This act becomes effective December 1, 2017, and applies to offenses committed on or after that date.