A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS SO AS TO ENACT THE "HELPING ALLEVIATE LAWFUL OBSTRUCTION (HALO) ACT"; AND BY ADDING SECTION 16-3-1092 SO AS TO DEFINE THE TERMS "EMERGENCY MEDICAL CARE PROVIDER", "FIRST RESPONDER", AND "HARASS", TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO APPROACH, IMPEDE, CAUSE HARM TO, OR HARASS A FIRST RESPONDER or emergency medical care provider AFTER RECEIVING A VERBAL WARNING, AND TO PROVIDE A PENALTY.

 

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

 

SECTION 1.  This act may be cited as the "Helping Alleviate Lawful Obstruction (HALO) Act".

 

SECTION 2.  Article 11, Chapter 3, Title 16 of the S.C. Code is amended by adding:

 

    Section 16-3-1092. (A) As used in this section, the term:

       (1) "Emergency medical care provider" means an ambulance driver, emergency medical technician, paramedic, registered nurse, physician, physician assistant, medical director or any person authorized by an emergency medical service license who is engaged in the performance of his duties. The term also includes physicians, employees, agents, or volunteers of hospitals who are employed, under contract, or otherwise authorized by a hospital to perform duties directly associated with the care and treatment rendered by the hospital's emergency department or its security.

       (2) "First responder" includes a law enforcement officer, a firefighter, and an emergency medical care provider.

       (3) "Harass" means to wilfully engage in a course of conduct directed at a first responder which serves no legitimate purpose and intentionally causes and would cause a reasonable person in his position to suffer substantial mental and emotional distress in that first responder.

    (B) It is unlawful for a person, after receiving a verbal warning not to approach from a person he knows or reasonably should know is a first responder who is engaged in the lawful performance of a legal duty, to knowingly and wilfully violate the warning and approach or remain within twenty-five feet of the first responder with the intent to:

       (1) impede or interfere with the first responder's ability to perform his duty including, but not limited to, obstructing a first responders' movement, distracting a first responder from administering medical care to another, or effectuating a lawful arrest;

       (2) offer or attempt to cause physical harm or injury to a first responder with apparent present ability under circumstances reasonably creating fear of imminent peril; or

       (3) harass the first responder.

    (C) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars and imprisoned not more than sixty days.

 

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

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