Current Status Bill Number:
3094Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 19970114Primary Sponsor: CromerAll Sponsors: Cromer, Meacham, Seithel, Bailey, Wilkes, Simrill, Stuart, J. Hines and Moody-LawrenceDrafted Document Number: DKA\3888CM.97Residing Body: SenateCurrent Committee: Judiciary Committee 11 SJDate of Last Amendment: 19970514Subject: Assault of home health care worker, firefighter, emergency medical service provider; crimes, felony, fire
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ Senate 19970520 Introduced, read first time, 11 SJ referred to Committee House 19970515 Read third time, sent to Senate House 19970514 Amended, read second time House 19970508 Committee report: Favorable with 25 HJ amendment House 19970114 Introduced, read first time, 25 HJ referred to Committee House 19961218 Prefiled, referred to Committee 25 HJView additional legislative information at the LPITS web site.
May 14, 1997
Introduced by Reps. Cromer, Meacham, Seithel, Bailey, Wilkes, Simrill, Stuart, J. Hines and Moody-Lawrence
S. Printed 5/14/97--H.
Read the first time January 14, 1997.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-630 SO AS TO PROVIDE THAT ASSAULT OF AN EMERGENCY MEDICAL SERVICE PROVIDER, FIREFIGHTER, OR HOME HEALTHCARE WORKER IS A FELONY, TO PROVIDE PENALTIES, AND TO PROVIDE THAT PROVISIONS OF THIS SECTION ARE SEVERABLE.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 16-3-630. (A) As used in this section:
(1) 'Emergency medical service provider' means an individual or employee of a healthcare provider who provides medical or health care services in the course of his employment or training which includes, but is not limited to, emergency physicians, nurses, emergency medical technicians, paramedics, members of rescue squads, and anyone directed by these individuals.
(2) 'Firefighter' means an employee of a town, city, county, or state fire service including, but not limited to, firefighters, volunteer firefighters, fire investigators, fire inspectors, and any one directed by these individuals.
(3) 'Home healthcare worker' means an individual who provides healthcare in a home under the direction of a medical professional, county or state public health agency, or medical facility.
(B) A person is guilty of the felony of assault of an emergency medical service provider, firefighter, or home healthcare worker and, upon conviction, must be fined not less than one thousand dollars nor more than ten thousand dollars or imprisoned not more than ten years, or both, if he:
(1) causes physical injury to a person listed in subsection (A);
(2) knowingly or wilfully resists or obstructs by doing violence to a person listed in subsection (A) in the lawful discharge of the person's official duties;
(3) uses a deadly weapon or dangerous instrument or points the instrument toward a person listed in subsection (A) with intent to cause bodily harm; or
(4) commits assault knowing or having reason to know that the victim is a person listed in subsection (A) performing his professional duties.
(C) If any provision of this section or the application of this section to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this statute which can be given effect without the invalid provision or application, and to this end the provisions of this statute are severable."
SECTION 2. This act takes effect upon approval by the Governor.