The Committee on Judiciary proposes the following amendment (SJ-346.SW0002S):
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
SECTION X. Chapter 3, Title 16 of the S.C. Code is amended by adding:Section 16-3-605. (A) For purposes of this section:
(1) "Great bodily injury" means bodily injury which causes a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of a bodily member or organ.
(2) "Health care facility" has the same meaning as in Section 44-7-130(15) and includes a physician's office.
(3) "Health care professional" means a physician, a physician's assistant, a registered nurse, a licensed practical nurse, an emergency medical service provider, a firefighter, an emergency room physician, an emergency room nurse, a dentist, or an allied health professional.
(4) "Moderate bodily injury" means physical injury that involves prolonged loss of consciousness, or that causes temporary or moderate disfigurement or temporary loss of the function of a bodily member or organ, or injury that requires medical treatment when the treatment requires the use of regional or general anesthesia, or injury that results in a fracture or dislocation. Moderate bodily injury does not include one-time treatment and subsequent observation of scratches, cuts, abrasions, bruises, burns, splinters, or any other minor injuries that do not ordinarily require extensive medical care.
(5) "Private parts" means the genital area or buttocks of a male or female or the breasts of a female.
(B)(1) A person commits the offense of assault and battery of a high and aggravated nature against a health care professional engaged in the performance of his official duties or assault and battery of a high and aggravated nature in a health care facility, if the person unlawfully injures a health care professional or unlawfully injures a person in a health care facility, and:
(a) great bodily injury to the other person results; or
(b) the act is accomplished by means likely to produce death or great bodily injury.
(2) A person who violates this subsection is guilty of the felony offense of assault and battery of a high and aggravated nature against a health care professional or the felony offense of assault and battery of a high and aggravated nature in a health care facility and, upon conviction, must be imprisoned for not more than thirty years.
(C)(1) A person commits the offense of assault and battery in the first degree against a health care professional engaged in the performance of his official duties or assault and battery in the first degree in a health care facility, if the person:
(a) unlawfully injures a health care professional or a person in a health care facility, and the act:
(i) involves nonconsensual touching of the private parts of a person, either under or above clothing, with lewd and lascivious intent; or
(ii) occurred during the commission of a robbery, burglary, kidnapping, or theft; or
(b) offers or attempts to injure a health care professional or a person in a health care facility with the present ability to do so, and the act:
(i) is accomplished by means likely to produce death or great bodily injury; or
(ii) occurred during the commission of a robbery, burglary, kidnapping, or theft.
(2) A person who violates this subsection is guilty of the felony offense of assault and battery in the first degree against a health care professional engaged in the performance of his official duties or the felony offense of assault and battery in the first degree in a health care facility and, upon conviction, must be imprisoned for not more than twenty years. Assault and battery in the first degree against a health care professional or in a health care facility are lesser included offenses of assault and battery of a high and aggravated nature against a health care professional or in a health care facility, as defined in subsection (B)(1).
(D)(1) A person commits the offense of assault and battery in the second degree against a health care professional engaged in the performance of his official duties or assault and battery in the second degree in a health care facility if the person unlawfully injures a health care professional or a person in a health care facility, or offers or attempts to injure a healthcare professional or a person in a health care facility with the present ability to do so, and:
(a) moderate bodily injury to a health care professional or a person in a health care facility results or moderate bodily injury to a health care professional or a person in a health care facility could have resulted; or
(b) the act involves the nonconsensual touching of the private parts of the person, either under or above clothing.
(2) A person who violates this subsection is guilty of the felony offense of assault and battery in the second degree against a health care professional engaged in the performance of his official duties or the felony offense of assault and battery in the second degree in a health care facility and, upon conviction, must be fined not more than five thousand dollars, imprisoned for not more than ten years, or both. Assault and battery in the second degree against a health care professional or in a health care facility are lesser included offenses of assault and battery in the first degree against a health care professional or in a health care facility, as defined in subsection (C)(1), and assault and battery of a high and aggravated nature against a health care professional or in a health care facility, as defined in subsection (B)(1).
(E)(1) A person commits the offense of assault and battery in the third degree against a health care professional engaged in the performance of his official duties or assault and battery in the third degree in a health care facility if the person unlawfully injures a health care professional or a person in a health care facility, or offers or attempts to injure a health care professional or another person in a health care facility with the present ability to do so.
(2) A person who violates this subsection is guilty of the misdemeanor offense of assault and battery in the third degree against a health care professional engaged in the performance of his official duties or misdemeanor offense of assault and battery in the third degree in a health care facility and, upon conviction, must be fined not more than one thousand dollars, imprisoned for not more than one year, or both. Assault and battery in the third degree against a health care professional or in a health care facility are lesser included offenses of assault and battery in the second degree against a health care professional or in a health care facility, as defined in subsection (D)(1); assault and battery in the first degree against a health care professional or in a health care facility, as defined in subsection (C)(1); and assault and battery of a high and aggravated nature against a health care professional or in a health care facility, as defined in subsection (B)(1).
SECTION X. Chapter 3, Title 16 of the S.C. Code is amended by adding:
Section 16-3-608. (A) For purposes of this section:
(1) "Great bodily injury" means bodily injury which causes a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of a bodily member or organ.
(2) "Correctional facility employee" means a certified law enforcement officer employed by a state or local detention or correctional facility.
(3) "Moderate bodily injury" means physical injury that involves prolonged loss of consciousness, or that causes temporary or moderate disfigurement or temporary loss of the function of a bodily member or organ, or injury that requires medical treatment when the treatment requires the use of regional or general anesthesia, or injury that results in a fracture or dislocation. Moderate bodily injury does not include one-time treatment and subsequent observation of scratches, cuts, abrasions, bruises, burns, splinters, or any other minor injuries that do not ordinarily require extensive medical care.
(4) "Private parts" means the genital area or buttocks of a male or female or the breasts of a female.
(B)(1) A person commits the offense of assault and battery of a high and aggravated nature against a correctional facility employee if the person unlawfully injures the correctional facility employee, and:
(a) great bodily injury to the other person results; or
(b) the act is accomplished by means likely to produce death or great bodily injury.
(2) A person who violates this subsection is guilty of the felony offense of assault and battery of a high and aggravated nature against a correctional facility employee and, upon conviction, must be imprisoned for not more than thirty years.
(C)(1) A person commits the offense of assault and battery in the first degree against a correctional facility employee if the person:
(a) unlawfully injures the correctional facility employee, and the act:
(i) involves nonconsensual touching of the private parts of a person, either under or above clothing, with lewd and lascivious intent; or
(ii) occurred during the commission of a robbery, burglary, kidnapping, or theft; or
(b) offers or attempts to injure a correctional facility employee, and the act:
(i) is accomplished by means likely to produce death or great bodily injury; or
(ii) occurred during the commission of a robbery, burglary, kidnapping, or theft.
(2) A person who violates this subsection is guilty of the felony offense of assault and battery in the first degree against a correctional facility employee and, upon conviction, must be imprisoned for not more than twenty years. Assault and battery in the first degree against a correctional facility employee is a lesser included offense of assault and battery of a high and aggravated nature against a correctional facility employee, as defined in subsection (B)(1).
(D)(1) A person commits the offense of assault and battery in the second degree against a correctional facility employee if the person unlawfully injures a correctional facility employee, or offers or attempts to injure a correctional facility employee with the present ability to do so, and:
(a) moderate bodily injury to a correctional facility employee could have resulted; or
(b) the act involves the nonconsensual touching of the private parts of the person, either under or above clothing.
(2) A person who violates this subsection is guilty of the felony offense of assault and battery in the second degree against a correctional facility employee and, upon conviction, must be fined not more than five thousand dollars, imprisoned for not more than ten years, or both. Assault and battery in the second degree against a correctional facility employee is a lesser included offense of assault and battery in the first degree against a correctional facility employee, as defined in subsection (C)(1), and assault and battery of a high and aggravated nature against a correctional facility employee, as defined in subsection (B)(1).
(E)(1) A person commits the offense of assault and battery in the third degree against a correctional facility employee if the person unlawfully injures a correctional facility employee or offers or attempts to injure a correctional facility employee with the present ability to do so.
(2) A person who violates this subsection is guilty of the misdemeanor offense of assault and battery in the third degree against a correctional facility employee and, upon conviction, must be fined not more than one thousand dollars, imprisoned for not more than one year, or both. Assault and battery in the third degree against a correctional facility employee is a lesser included offense of assault and battery in the second degree against a correctional facility employee, as defined in subsection (D)(1); assault and battery in the first degree against a correctional facility employee, as defined in subsection (C)(1); and assault and battery of a high and aggravated nature against a correctional facility employee, as defined in subsection (B)(1).
Renumber sections to conform.
Amend title to conform.