Senate committee substitute makes the following changes to the 1st edition.
Amends GS 14-34.2, making it a Class E felony to commit an assault with a deadly weapon upon a governmental officer or employee, a company police officer, or a campus police officer in the performance of an official duty (was a Class F felony). Separates assault upon the same persons with a firearm and makes the offense a Class D felony (was a Class F felony). Makes organizational changes.
Further amends GS 14-34.6, making it a Class I felony for a person to commit an assault or affray causing physical injury on hospital personnel and licensed healthcare providers who are providing or attempting to provide health care services to a patient (was, more specifically to a patient in a hospital) while discharging or attempting to discharge their official duties.
Deletes proposed GS 14-277.7A, which proposed a Class A1 misdemeanor for a person to threaten to commit an act of violence against a public safety worker by any means of communication to any person or group of persons.
Renumbers the act's sections.
Bill Summaries: S 20 EMERGENCY WORKER PROTECTION ACT.
Bill S 20 (2019-2020)Summary date: Mar 6 2019 - View Summary
Bill S 20 (2019-2020)Summary date: Feb 6 2019 - View Summary
Amends GS 14-34.5 to make the felonies described in that statute (concerning assault with a firearm on listed law enforcement and public safety officers) into Class D felonies (currently, Class E felonies).
Amends GS 14-34.6 to make any person who assaults or affrays the emergency responders currently listed in that section and inflicts serious injury or uses a deadly weapon other than a firearm guilty of a Class G 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).
Amends GS 14-34.7 to make the felonies listed in subsections (a), (a1), and (b), concerning assaults inflicting serious bodily injury on listed law enforcement officers, National Guard members, and correction officers, into Class E felonies (currently, Class F felonies). Makes the felony in subsection (c), concerning assaults inflicting physical injury on same law enforcement officers, National Guard members, and correction officers, into a Class H felony (was, Class I felony).
Amends GS 14-288.9 to make the felony listed in subsection (c) concerning assaults causing physical injury upon emergency personnel into a Class H felony (was, Class I felony), and the felony concerning assault on emergency personnel with a dangerous weapon or substance into a Class E felony (was, Class F felony).
Amends GS 14-31 to create a new Class D felony for persons who in a secret manner maliciously commit an assault and battery with any deadly weapon, by waylaying or otherwise, with intent to kill, upon an emergency worker discharging or attempting to discharge the worker's official duties, and to make a technical change.
Enacts GS 14-277.7A, making it a Class A1 misdemeanor for a person to threaten to commit an act of violence against a public safety worker by any means of communication to any person or group of persons. Defines public safety worker to include law enforcement officers, emergency medical technicians, medical responders, firefighters, persons employed at a State or local government detention facility, and school safety officers and school resource officers who are not law enforcement officers and regularly present in a school for safety and orderliness purposes.
Effective December 1, 2019, and applies to offenses committed on or after that date.