The bill introduces several updates to existing laws related to assaults on emergency medical providers, the mental state for certain crimes, and the classification of specific types of assault:
Key Changes:
Expansion of Assault on Emergency Medical Providers:
The bill expands the definition of assault to include not just assaults on emergency medical providers while they are performing emergency medical care, but also while they are performing any function related to medical care. This broadens the scope of protection for medical personnel in emergency and healthcare settings.
Lowering Mental State Requirement for Certain Crimes:
For the crime of preventing a public servant (such as law enforcement, medical personnel, etc.) from performing their lawful duty, the bill lowers the mental state requirement from "intentionally" causing bodily injury to "knowingly" causing bodily injury. This makes it easier to prosecute individuals who inflict harm on public servants with a lesser intent standard.
Clarification on Second Degree Assault by Strangulation:
The bill clarifies that strangulation by means of a deadly weapon (including a person's body parts) can be charged as a crime of violence subject to mandatory incarceration. This clarification addresses a gap in current case law where it wasn't clear if second-degree assault by strangulation could be treated as a crime of violence with mandatory prison time.
The bill requires the prosecution to prove, beyond a reasonable doubt, that the defendant used a deadly weapon (including body parts like hands or neck) during the commission of the strangulation in order to classify it as a crime of violence.
The primary aim of the bill is to strengthen penalties and provide clearer definitions around crimes involving assaults on emergency medical personnel and public servants.
Additionally, it addresses ambiguities in current law regarding second-degree assault by strangulation, ensuring that prosecutors can hold offenders accountable for the violence committed with greater clarity.
Summary
Current law makes it a felony to assault an emergency medical
care provider while they are performing emergency medical care. The bill expands the statute to make it a felony to assault an emergency medical care provider while they are providing any function related to medical care.
The bill lowers the mental state required for conviction from
intentionally causes bodily injury to knowingly causes bodily injury for the crime of preventing certain public servants from performing a lawful duty.
Current case law holds that the general assembly has not clarified
whether second degree assault by strangulation could be charged as crime of violence subject to mandatory incarceration. The bill clarifies that strangulation by means of a deadly weapon, including a person's body parts, may be charged as crime of violence subject to mandatory incarceration. The bill requires the prosecution to allege and prove beyond a reasonable doubt that the defendant used a deadly weapon while committing second degree assault by strangulation.
