Current Status Bill Number:483 Ratification Number:131 Act Number:55 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19970305 Primary Sponsor:Fair All Sponsors:Fair and Giese Drafted Document Number:pt\2976cm.97 Date Bill Passed both Bodies:19970529 Date of Last Amendment:19970529 Governor's Action:S Date of Governor's Action:19970605 Subject:Assault of home healthcare worker, firefighter, emergency medical service provider; Crimes, Felony, Fire, Nursing
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
------ 19970619 Act No. A55
------ 19970605 Signed by Governor
------ 19970604 Ratified R131
Senate 19970529 Ordered enrolled for ratification
House 19970529 Free Conference Committee Report 99 HFCC
adopted
House 19970529 Free Conference Powers granted, 99 HFCC Cromer
appointed Reps. To Committee of Scott
Free Conference Lanford
Senate 19970529 Free Conference Committee Report 89 SFCC
adopted
Senate 19970529 Free Conference Powers granted, 89 SFCC Bryan
appointed Senators to Committee Fair
of Free Conference Rankin
Senate 19970521 Conference powers granted, 88 SCC Bryan
appointed Senators to Committee Fair
of Conference Rankin
House 19970520 Conference powers granted, 98 HCC Cromer
appointed Reps. to Committee of Scott
Conference Lanford
House 19970520 Insists upon amendment
Senate 19970520 Non-concurrence in House amendment
House 19970516 Read third time, returned to Senate
with amendment
House 19970515 Read second time, unanimous consent
for third reading on the next
Legislative day
House 19970515 Amended
House 19970514 Recalled from Committee 25 HJ
House 19970423 Introduced, read first time, 25 HJ
referred to Committee
Senate 19970422 Read third time, sent to House
Senate 19970417 Read second time
Senate 19970417 Committee amendment adopted
Senate 19970416 Committee report: Favorable with 11 SJ
amendment
Senate 19970305 Introduced, read first time, 11 SJ
referred to Committee
View additional legislative information at the LPITS web site.
(A55, R131, S483)
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.