Bill Text: SC S1096 | 2017-2018 | 122nd General Assembly | Introduced


Bill Title: Assault and Battery

Spectrum: Bipartisan Bill

Status: (Introduced) 2018-03-08 - Referred to Subcommittee: Turner (ch), Malloy, Kimpson, Climer, Goldfinch [S1096 Detail]

Download: South_Carolina-2017-S1096-Introduced.html


A BILL

TO AMEND SECTION 16-3-600(B)(1) OF THE 1976 CODE, RELATING TO VARIOUS ASSAULT AND BATTERY OFFENSES, TO PROVIDE THAT A PERSON COMMITS THE OFFENSE OF ASSAULT AND BATTERY OF A HIGH AND AGGRAVATED NATURE IF HE UNLAWFULLY INJURES A HEALTH CARE PROFESSIONAL, INCLUDING, BUT NOT LIMITED TO, AN EMERGENCY MEDICAL SERVICE PROVIDER, A FIREFIGHTER, AN EMERGENCY ROOM PHYSICIAN, AN EMERGENCY ROOM NURSE, OR AN ALLIED HEALTH CARE WORKER, DURING THE COURSE OF HIS DUTIES, AND KNOWS OR HAS REASON TO KNOW OF THE INJURED PERSON'S STATUS OR INJURES SOMEONE IN A HEALTH CARE FACILITY, AS DEFINED BY SECTION 44-7-130(10), OR A PHYSICIAN'S OFFICE.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 16-3-600(B)(1) of the 1976 Code is amended to read:

"(B)(1)    A person commits the offense of assault and battery of a high and aggravated nature if the person unlawfully injures another person, and:

(a)    great bodily injury to another person results; or

(b)    the act is accomplished by means likely to produce death or great bodily injury; or

(c)    the injured person is:

(i)        a health care professional, including, but not limited to, an emergency medical service provider, a firefighter, an emergency room physician, an emergency room nurse, or an allied health care worker, during the course of his authorized duties, and the injuring person knows or has reason to know of the injured person's status; or

(ii)    in a health care facility, as defined by Section 44-7-130(10), or a physician's office at the time of injury."

SECTION    2.    The repeal or amendment by this act of any law, whether temporary, permanent, civil, or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon or alter, discharge, release, or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION    3.    This act takes effect upon approval by the Governor.

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