Authorizing immediate discharge and transportation to a regional jail for aggressive and violent behavior of persons committed to state hospitals
H. B. 2325
(By Delegate M. Smith)
[Introduced February 13, 2013; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §61-2-10b of the Code of West Virginia,
1931, as amended, relating to aggressive and violent behavior
that is otherwise criminal activity of persons committed to
state hospitals; authorizing immediate discharge and
transportation to a regional jail.
Be it enacted by the Legislature of West Virginia:
That §61-2-10b of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2. CRIMES AGAINST THE PERSON.
§61-2-10b. Malicious assault; unlawful assault; battery; and
assault on governmental representatives, health
care providers, and emergency medical service
personnel; definitions; penalties.
(a) For purposes of this section:
(1) "Government representative" means any an officer or
employee of the state, or a political subdivision thereof, or a
person under contract with a state agency or political subdivision.
thereof.
(2) "Health care worker" means any a nurse, nurse
practitioner, physician, physician assistant or technician
practicing at, and all persons employed by or under contract to a
hospital, county or district health department, long-term care
facility, physician's office, clinic or outpatient treatment
facility.
(3) "Emergency service personnel" means any a paid or
volunteer firefighter, emergency medical technician, paramedic or
other emergency services personnel employed by or under contract
with an emergency medical service provider or a state agency or
political subdivision thereof.
(b) Malicious assault. Any A person who maliciously shoots,
stabs, cuts or wounds or by any means causes bodily injury with
intent to maim, disfigure, disable or kill a government
representative, health care worker or emergency service personnel
acting in his or her official capacity and the person committing
the malicious assault knows or has reason to know that the victim
is acting in his or her official capacity, is guilty of a felony
and, upon conviction thereof, shall be confined in a correctional
facility for not less than three nor more than fifteen years.
(c) Unlawful assault. Any A person who unlawfully but not
maliciously shoots, stabs, cuts or wounds or by any means causes a
government representative, health care worker or emergency service
personnel acting in his or her official capacity bodily injury with
intent to maim, disfigure, disable or kill him or her and the
person committing the unlawful assault knows or has reason to know
that the victim is acting in his or her official capacity, is
guilty of a felony and, upon conviction thereof, shall be confined
in a correctional facility for not less than two nor more than five
years.
(d) Battery. Any A person who unlawfully, knowingly and
intentionally makes physical contact of an insulting or provoking
nature with a government representative, health care worker or
emergency service personnel acting in his or her official capacity,
or unlawfully and intentionally causes physical harm to that person
acting in such capacity, is guilty of a misdemeanor and, upon
conviction thereof, shall be fined not more than $500 or confined
in jail not less than one month nor more than twelve months or both
fined and confined. If any a person commits a second such offense,
he or she is guilty of a felony and, upon conviction thereof, shall
be fined not more than $1,000 or imprisoned in a state correctional
facility not less than one year nor more than three years, or both
fined and imprisoned. Any A person who commits a third violation
of this subsection is guilty of a felony and, upon conviction thereof, shall be fined not more than $2,000 or imprisoned in a
state correctional facility not less than two years nor more than
five years, or both fined and imprisoned.
(e) Assault. Any A person who unlawfully attempts to commit a
violent injury to the person of a government representative, health
care worker or emergency service personnel acting in his or her
official capacity or unlawfully commits an act which places that
person acting in his or her official capacity in reasonable
apprehension of immediately receiving a violent injury, is guilty
of a misdemeanor and, upon conviction thereof, shall be confined in
jail for not less than twenty-four hours nor more than six months,
fined not more than $200, or both fined and confined.
(f) Mental Health Patient. A person who commits a felony or
misdemeanor as defined in this section while a patient in a mental
health facility shall be immediately discharged from that facility
without further action by the court that committed him or her to
the facility and be transported to the custody of the regional jail
serving the area in which the offense was committed.
NOTE: The purpose of this bill is to authorize the transfer
of a person committed to a state facility to a regional jail
following the commission of an unlawful act as defined in this
section.
Strike-throughs indicate language that would be stricken from
the present law and underscoring indicates new language that would
be added.