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2019 SESSION

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SB 1395 Health care provider; threats of death or bodily injury to a provider, penalty.

Introduced by: Janet D. Howell | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Threats of death or bodily injury to a health care provider. Provides that any person who orally makes a threat to kill or to do bodily injury against any health care provider who is engaged in the performance of his duties in a hospital or in an emergency room on the premises of any clinic or other facility rendering emergency medical care is guilty of a Class 1 misdemeanor, unless the person is on the premises of the hospital or emergency room as a result of an emergency custody order, an involuntary temporary detention order, an involuntary hospitalization order, or an emergency custody order of a conditionally released acquittee.

SUMMARY AS PASSED SENATE:

Threats of death or bodily injury to a health care provider. Provides that any person who orally makes a threat to kill or to do bodily injury against any health care provider who is engaged in the performance of his duties in a hospital or in an emergency room on the premises of any clinic or other facility rendering emergency medical care, when such person knows or has reason to know the threatened person is a health care provider is guilty of a Class 1 misdemeanor.

SUMMARY AS INTRODUCED:

Assault and battery against a health care provider; enhanced penalty. Adds to the existing enhanced penalty for committing a battery against a health care provider the provision that any person who commits a simple assault against a health care provider, as defined in the bill, is guilty of a Class 1 misdemeanor that shall include a term of confinement of 15 days in jail, two of which shall be a mandatory minimum term of confinement. The bill also adds health care providers to the list of professions against whom committing a malicious wounding or an unlawful wounding is subject to an enhanced penalty. As amended, malicious wounding is a Class 3 felony, and malicious wounding of a health care provider is punishable by imprisonment for a period of five to 30 years with a mandatory minimum term of imprisonment of two years. Unlawful wounding of a health care provider is a Class 6 felony with a mandatory minimum term of imprisonment of one year.