Bill Summary for H 492 (2017-2018)
|View NCGA Bill Details||2017-2018 Session|
AN ACT TO INCREASE THE CRIMINAL PENALTIES FOR ASSAULT ON ANY OF THE FOLLOWING PERSONS WHILE THE PERSON IS DISCHARGING OR ATTEMPTING TO DISCHARGE OFFICIAL DUTIES: FIREFIGHTERS, LAW ENFORCEMENT OFFICERS, EMERGENCY MEDICAL TECHNICIANS, MEDICAL RESPONDERS, HOSPITAL PERSONNEL, LICENSED HEALTH CARE PROVIDERS, STATE AND LOCAL GOVERNMENT OFFICERS AND EMPLOYEES, EXECUTIVE OFFICERS, LEGISLATIVE OFFICERS, JUDICIAL OFFICERS, AND ELECTED EXECUTIVE, LEGISLATIVE, AND JUDICIAL OFFICERS.Intro. by Clampitt, Saine, Dollar.
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Amends GS 14-16.6 to increase the criminal penalty for assault on an executive, legislative, or court officer to a Class H felony (currently, Class I felony). Makes any person who commits the assault using a deadly weapon or who commits the assault and inflicts serious bodily injury to any legislative, executive, or court officer guilty of a Class E felony (currently, Class F felony).
Amends GS 14-16.7 to increase the criminal penalty for threats against executive, legislative, or court officers to a Class H felony (currently, Class I felony). Makes it a Class H felony (currently, Class I felony) for any person to knowingly and willfully deposit for conveyance in the mail any letter, writing, or other document or send an electronic communication (currently, electronic communication not specified) containing a threat to inflict serious bodily injury upon or kill any legislative, executive, or court officer, or a threat to inflect serious bodily injury upon or kill any other person in retaliation against any legislative, executive, or court officer because of the exercise of that officer's duties. Defines electronic communication to include transmissions through an electronic device including but not limited to a telephone, cell phone, computer, or pager, which communication includes but is not limited to email, instant message, text message, or voice mail.
Amends GS 14-33(c), which makes any person who commits any assault, assault and battery, or affray guilty of a Class A1 misdemeanor if in the course of the offense the person satisfies any of the eight specified aggravated conditions, to remove affray from the offenses to which subsection c's aggravated provisions apply.
Amends GS 14-34.2 to make it a Class F felony to assault a firefighter with a firearm or other deadly weapon.
Amends GS 14-34.6 to make it a Class H felony (currently, Class I felony) to assault or affray a firefighter, an emergency technician, medical responder, or hospital personnel in the discharge or attempt to discharge their official duties. Makes any person who commits the offense and inflicts serious injury or uses a deadly weapon other than a firearm guilty of a Class F felony (currently, Class H felony). Makes any person who commits the offense and uses a firearm guilty of a Class E felony (currently, Class F felony).
Enacts GS 14-34.11 to make it a Class I felony for any person to assault an officer or employee of the State or any political subdivision of the State when the officer or employee is discharging or attempting to discharge the officer's official duties, unless the conduct is covered under another provision of law providing greater punishment.
Amends GS 14-288.9 to make it a Class H felony (currently, Class I felony) for any person to commit an assault causing physical injury upon emergency personnel. Makes it a Class E felony (currently, Class F felony) for any person to commit the offense with or through the use of any dangerous weapon or substance. Amends the term emergency personnel to include firefighters and emergency medical responders (was, firemen and ambulance attendants).
Effective December 1, 2017, and applies to offenses committed on or after that date.