S*0483(Rat #0131, Act #0055 of 1997)  General Bill, By Fair and Giese
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 16-3-635 SO AS TO DEFINE "EMERGENCY MEDICAL SERVICE PROVIDER", "FIREFIGHTER",
 AND "HOME HEALTH CARE WORKER", TO PROVIDE THAT A PERSON WHO ASSAULTS THESE
 INDIVIDUALS UNDER CERTAIN CIRCUMSTANCES IS GUILTY OF A EITHER A MISDEMEANOR OR
 A FELONY, TO PROVIDE PENALTIES, AND TO PROVIDE A SEVERABILITY CLAUSE.-AMENDED
 TITLE

   03/05/97  Senate Introduced and read first time SJ-9
   03/05/97  Senate Referred to Committee on Judiciary SJ-9
   04/16/97  Senate Committee report: Favorable with amendment
                     Judiciary SJ-10
   04/17/97  Senate Amended SJ-26
   04/17/97  Senate Read second time SJ-26
   04/22/97  Senate Read third time and sent to House SJ-29
   04/23/97  House  Introduced and read first time HJ-9
   04/23/97  House  Referred to Committee on Judiciary HJ-9
   05/14/97  House  Recalled from Committee on Judiciary HJ-38
   05/15/97  House  Amended HJ-58
   05/15/97  House  Read second time HJ-59
   05/15/97  House  Unanimous consent for third reading on next
                     legislative day HJ-59
   05/16/97  House  Read third time and returned to Senate with
                     amendments HJ-3
   05/20/97  Senate Non-concurrence in House amendment SJ-21
   05/20/97  House  House insists upon amendment and conference
                     committee appointed Reps. Cromer, Scott &
                     Lanford HJ-65
   05/21/97  Senate Conference committee appointed Sens. Bryan, Fair,
                     Rankin SJ-3
   05/29/97  House  Free conference powers granted HJ-86
   05/29/97  House  Free conference committee appointed Reps. Cromer,
                     Scott & Lanford HJ-87
   05/29/97  House  Free conference report received and adopted HJ-88
   05/29/97  Senate Free conference powers granted SJ-13
   05/29/97  Senate Free conference committee appointed Sens. Bryan,
                     Fair, Rankin SJ-13
   05/29/97  Senate Free conference report received and adopted SJ-13
   05/29/97  Senate Ordered enrolled for ratification SJ-17
   06/04/97         Ratified R 131
   06/05/97         Signed By Governor
   06/05/97         Effective date 06/05/97
   06/13/97         Copies available
   06/13/97         Act No. 55

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-635 SO AS TO DEFINE "EMERGENCY MEDICAL SERVICE PROVIDER", "FIREFIGHTER", AND "HOME HEALTH CARE WORKER", TO PROVIDE THAT A PERSON WHO ASSAULTS THESE INDIVIDUALS UNDER CERTAIN CIRCUMSTANCES IS GUILTY OF EITHER A MISDEMEANOR OR A FELONY, TO PROVIDE PENALTIES, AND TO PROVIDE A SEVERABILITY CLAUSE.

Be it enacted by the General Assembly of the State of South Carolina:

Assault and battery

SECTION 1. The 1976 Code is amended by adding:

"Section 16-3-630. (A) As used in this section:

(1) 'Emergency medical service provider' means an individual or employee of a health care provider who provides medical or health care services in the course of his employment or training which includes, but is not limited to, emergency physicians, nurses, emergency medical technicians, paramedics, members of rescue squads, and anyone directed by these individuals.

(2) 'Firefighter' means an employee of a town, city, county, or state fire service including, but not limited to, firefighters, volunteer firefighters, fire investigators, fire inspectors, and any one directed by these individuals.

(3) 'Home health care worker' means a licensed nurse who provides health care in a home under the direction of a physician, county or state public health agency, or medical facility.

(B) A person is guilty of the misdemeanor of assault and battery upon an emergency medical service provider, firefighter, or home health care worker and, upon conviction, must be fined not more than one thousand dollars or imprisoned not less than two months nor more than three years, or both, if he knowingly or wilfully resists or obstructs a person listed in subsection (A), or commits an assault on a person listed in subsection (A), in the lawful discharge of that person's official duties and the resistance, obstruction, or assault is unaccompanied by any of the circumstances of aggravation listed in subsection (C).

A person sentenced under this section for a second or subsequent offense shall not have his sentence suspended to less than six months' imprisonment nor shall the person be eligible for parole until after service of six months.

(C) A person is guilty of the felony of assault and battery of a high and aggravated nature upon an emergency medical service provider, firefighter, or home health care worker and, upon conviction, must be fined not less than one thousand dollars nor more than ten thousand dollars or imprisoned not less than one year nor more than ten years, or both, if he knowingly or wilfully resists or obstructs a person listed in subsection (A), or commits an assault on a person listed in subsection (A), in the lawful discharge of that person's official duties and the resistance, obstruction, or assault is accompanied by at least one of the following circumstances of aggravation:

(1) physical injury to a person listed in subsection (A);

(2) the use of a deadly weapon;

(3) great disparity in the physical conditions of the parties;

(4) great disparity in the ages of the parties;

(5) great disparity in the sizes of the parties; or

(6) indecent liberties with a female.

As used in this section 'deadly weapon' means any instrument which can be used to inflict death or serious physical injury."

Severability clause

SECTION 2. If any provision of this section or the application of this section to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this statute which can be given effect without the invalid provision or application, and to this end the provisions of this statute are severable.

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Approved the 5th day of June, 1997.