South Carolina General Assembly
112th Session, 1997-1998

Bill 3094


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                       3094
Type of Legislation:               General Bill GB
Introducing Body:                  House
Introduced Date:                   19970114
Primary Sponsor:                   Cromer 
All Sponsors:                      Cromer, Meacham, Seithel,
                                   Bailey, Wilkes, Simrill, Stuart, J.
                                   Hines and Moody-Lawrence
Drafted Document Number:           DKA\3888CM.97
Residing Body:                     Senate
Current Committee:                 Judiciary Committee 11 SJ
Date of Last Amendment:            19970514
Subject:                           Assault of home health care
                                   worker, firefighter, emergency
                                   medical service provider; crimes,
                                   felony, fire



History


Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________
Senate  19970520  Introduced, read first time,             11 SJ
                  referred to Committee
House   19970515  Read third time, sent to Senate
House   19970514  Amended, read second time
House   19970508  Committee report: Favorable with         25 HJ
                  amendment
House   19970114  Introduced, read first time,             25 HJ
                  referred to Committee
House   19961218  Prefiled, referred to Committee          25 HJ

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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

AMENDED

May 14, 1997

H. 3094

Introduced by Reps. Cromer, Meacham, Seithel, Bailey, Wilkes, Simrill, Stuart, J. Hines and Moody-Lawrence

S. Printed 5/14/97--H.

Read the first time January 14, 1997.

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-630 SO AS TO PROVIDE THAT ASSAULT OF AN EMERGENCY MEDICAL SERVICE PROVIDER, FIREFIGHTER, OR HOME HEALTHCARE WORKER IS A FELONY, TO PROVIDE PENALTIES, AND TO PROVIDE THAT PROVISIONS OF THIS SECTION ARE SEVERABLE.

Amend Title To Conform

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

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 healthcare 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 healthcare worker' means an individual who provides healthcare in a home under the direction of a medical professional, county or state public health agency, or medical facility.

(B) A person is guilty of the felony of assault of an emergency medical service provider, firefighter, or home healthcare worker and, upon conviction, must be fined not less than one thousand dollars nor more than ten thousand dollars or imprisoned not more than ten years, or both, if he:

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

(2) knowingly or wilfully resists or obstructs by doing violence to a person listed in subsection (A) in the lawful discharge of the person's official duties;

(3) uses a deadly weapon or dangerous instrument or points the instrument toward a person listed in subsection (A) with intent to cause bodily harm; or

(4) commits assault knowing or having reason to know that the victim is a person listed in subsection (A) performing his professional duties.

(C) 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."

SECTION 2. This act takes effect upon approval by the Governor.

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