Senate Bill No. 215
(By Senators Tomblin (Mr. President) and Caruth,
By Request of the Executive)
____________
[Introduced January 14, 2010; 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 expanding certain crimes against
governmental representatives and health care providers to
include unlawful acts against volunteer firefighters,
emergency medical technicians and persons employed by or under
contract with an emergency medical services provider.
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 or
volunteer firefighter.
(2) "Health care worker" means any nurse, nurse practitioner,
physician, physician assistant,
or technician
or emergency medical
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
or emergency medical service provider.
(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 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 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
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 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.
NOTE: The purpose of this bill is to establish crimes of
malicious assault, unlawful assault, battery and assault on
volunteer firefighters, emergency medical technicians and emergency
medical service employees.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
Email
Webmaster | © 2024 West Virginia Legislature **
