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Committee Substitute House Bill 2566 History

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HB2566 SUB
COMMITTEE SUBSTITUTE

FOR


H. B.

2566


(By Delegates Mahan, Brown, Eldridge, Ennis, Fragale, Longstreth, Ashley, Rowan and Schadler)

(Originating in the House Committee on the Judiciary.)

[March 18, 2009]


A BILL to amend and reenact §61-2-10b of the Code of West Virginia,
1931, as amended, relating to crimes against certain protected persons; expanding applicability of increased criminal penalties for battery, malicious assault and unlawful assault against a government employee or contract worker; expanding existing protections for health care workers to include contract workers; and changing fine structure for the penalty for battery on a government employee, contract worker, or health care worker.

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 malicious assault on governmental representatives and health care providers providing services to the public; penalties.

(a) For purposes of this section:

(1) "government representative" means any officer or employee
of the state or a political subdivision thereof, or a person under contract with a state agency or political subdivision thereof.
(4)(2) "Health care worker" means any 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.
(a) (b) Malicious assault. -- Any person who maliciously shoots, stabs, cuts or wounds or by any means causes bodily injury with intent to maim, disfigure, disable or kill a police officer, probation officer, conservation officer, humane officer, emergency medical service personnel, health care worker, protective services worker, firefighter, State Fire Marshal or employee, Division of Forestry employee, county correctional employee or state correctional employee, employee of an urban mass transportation system, court security personnel or Public Service Commission motor carrier inspector and enforcement officer acting in his or her official capacity government representative or health care worker 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.
(b) (c) Unlawful assault. -- Any person who unlawfully but not maliciously shoots, stabs, cuts or wounds or by any means causes a police officer, probation officer, conservation officer, humane officer, emergency medical service personnel, health care worker, protective services worker, firefighter, State Fire Marshal or employee, Division of Forestry employee, county correctional employee or state correctional employee, employee of an urban mass transportation system, court security personnel or Public Service Commission motor carrier inspector and enforcement officer government representative or health care worker 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.
(c) (d) Battery. -- Any person who unlawfully, knowingly and intentionally makes physical contact of an insulting or provoking nature with a police officer, probation officer, conservation officer, humane officer, emergency medical service personnel, health care worker, protective services worker, firefighter, State Fire Marshal or employee, Division of Forestry employee, county correctional employee, state correctional employee, employee of an urban mass transportation system, court security personnel or Public Service Commission motor carrier inspector and enforcement officer government representative or health care worker 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
confined in jail for not less than one month nor more than twelve months, fined the sum of five hundred dollars, or both 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 person commits a second such offense, he or she is guilty of a felony and, upon conviction thereof, shall be confined in a correctional facility for not less than one year nor more than three years or fined the sum of one thousand dollars or both fined and confined 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 person who commits a third violation of this subsection is guilty of a felony and, upon conviction thereof, shall be confined in a correctional facility not less than two years nor more than five years or fined not more than two thousand dollars or both fined and confined 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.

(d) (e) Assault. -- Any person who unlawfully attempts to commit a violent injury to the person of a police officer, probation officer, conservation officer, humane officer, emergency medical service personnel, health care worker, protective services worker, firefighter, State Fire Marshal or employee, Division of Forestry employee, county correctional employee, state correctional employee, employee of an urban mass transportation system, court security personnel or Public Service Commission motor carrier inspector and enforcement officer government representative or health care worker 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 two hundred dollars, or both fined and confined.
(e) For purposes of this section:
(1) "Court security personnel" means any person employed by a circuit court, family court, magistrate court, county commission, sheriff, the state or other political subdivision to operate and maintain security devices, including, but not limited to, a metal detector, X-ray machine, video monitoring equipment and/or other security devices, prevent or detect crime, enforce the laws of this state or otherwise provide court security.
(2) "Division of Forestry employee" means an officer, agent, employee or servant, whether full time or not, of the Division of Forestry.
(3) "Employee of an urban mass transportation system" means any person employed by an urban mass transportation system as such is defined in section three, article twenty-seven, chapter eight of this code or by a system that receives federal transit administration funding under 49 U.S.C. §5307 or §5311.
(4) "Health care worker" means any nurse, nurse practitioner, physician, physician assistant or technician practicing at, and all persons employed by, a hospital, county or district health department, long-term care facility, physician's office, clinic or outpatient treatment facility.
(5) "Police officer" means any person employed by the State Police, any person employed by the state to perform law-enforcement duties, any person employed by a political subdivision of this state who is responsible for the prevention or detection of crime and the enforcement of the penal, traffic or highway laws of this state or employed as a special police officer as defined in section forty-one, article three of this chapter.
(6) "Protective services worker" means an employee of the Department of Health and Human Resources employed as, or a person contracted with the Department of Health and Human Resources as, a child or adult protective services worker.
(7) "Public Service Commission motor carrier inspector and enforcement officer" means an officer, agent or employee of the Public Service Commission charged with the enforcement of commercial motor vehicle safety and weight restriction laws of the
State of West Virginia.

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