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ENGROSSED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 215
(By Senators Tomblin (Mr. President) and Caruth,
By Request of the Executive)
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[Originating in the Committee on the Judiciary;
reported January 28, 2010.]
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A BILL to amend and reenact §61-2-10b of the Code of West Virginia,
1931, as amended, relating to expanding certain crimes against
governmental representatives and health care providers to
include emergency service personnel; and defining certain
terms.
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 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 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 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 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, or 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 person who unlawfully but not
maliciously shoots, stabs, cuts or wounds or by any means causes a
government representative, or 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 person who unlawfully, knowingly and
intentionally makes physical contact of an insulting or provoking
nature with a government representative, or 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 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 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 person who unlawfully attempts to commit
a violent injury to the person of a government representative, or
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.
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