SB490 H JUD AM #1

WRV 3133

The Committee on the Judiciary moved to amend the bill by striking everything after the enacting clause and inserting in lieu thereof the following:

“CHAPTER 61. CRIMES AND THEIR PUNISHMENT.

ARTICLE 5. CRIMES AGAINST public justice.

§61-5-17a. Willfully obstructing a law-enforcement officer, probation officer, parole officer, courthouse security officer, correctional officer, the State Fire Marshal, a deputy or assistant fire marshal, firefighter, or emergency medical service personnel causing death; penalty.

(a) Notwithstanding any provision of this code to the contrary, any person who knowingly and willfully obstructs a law-enforcement officer, probation officer, parole officer, courthouse security officer, correctional officer, the State Fire Marshal, a deputy or assistant fire marshal, firefighter, or emergency medical service personnel lawfully acting in his or her official capacity and thereby intentionally causes the death of a law-enforcement officer, probation officer, parole officer, courthouse security officer, correctional officer, the State Fire Marshal, a deputy or assistant fire marshal, firefighter, or emergency medical service personnel so acting, is guilty of a felony, and upon conviction thereof, shall be imprisoned in a state correctional facility for a term of 15 years to life in a state correctional facility.

(b) For purpose of this section:

“Obstructing” or “obstructs” means to forcibly or illegally hinder or impede or attempt to hinder or impede, by threats, menaces, acts, or otherwise, a law-enforcement officer, probation officer, parole officer, courthouse security officer, correctional officer, the State Fire Marshal, a deputy or assistant fire marshal, firefighter, or emergency medical service personnel, or to otherwise commit any act in violation of §16-4C-19, §29-3A-4, or §61-5-17 of this code.”

Adopted

Rejected