1     
ASSAULT AGAINST HEALTH PROVIDERS AMENDMENTS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Andrew Stoddard

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Senate Sponsor: ____________

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7     LONG TITLE
8     General Description:
9          This bill modifies the crime of assaulting a medical service worker.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     modifies the crime of assaulting a medical service worker;
14          ▸     modifies who qualifies as a medical service worker for purposes of the crime of
15     assaulting a medical service worker; and
16          ▸     makes technical and conforming changes.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          76-5-102.7, as last amended by Laws of Utah 2017, Chapters 123 and 326
24     

25     Be it enacted by the Legislature of the state of Utah:
26          Section 1. Section 76-5-102.7 is amended to read:
27          76-5-102.7. Assault against medical service worker -- Penalty.
28          (1) As used in this section:
29          (a) "Assault" means the same as that term is described in Section 76-5-102.
30          (b) "Emergency medical service worker" means a person licensed under Section
31     26-8a-302.
32          (c) "Health care provider" means the same as that term is defined in Section
33     78B-3-403.
34          (d) "Medical service worker" means an emergency medical service worker, a health
35     care provider, or a mental health worker.
36          (e) "Mental health worker" means an individual who is not a health care provider, but,
37     through experience and training, is qualified to participate in the psychological or psychiatric
38     care of a patient.
39          (f) "Threat of violence" means the same as that term is defined in Section 76-5-107.
40          [(1)] (2) [A person] An individual who commits an assault or threat of violence against
41     a [health care provider or emergency medical service worker] medical service worker is guilty
42     of a class A misdemeanor if:
43          (a) the [person] individual is not a prisoner or a person detained under Section 77-7-15;
44     and
45          (b) at the time of the assault:
46          (i) the [person] individual knew that the victim was a [health care provider or
47     emergency medical service worker] medical service worker; and
48          [(c) the health care provider or emergency medical service worker was performing
49     emergency or life saving duties within the scope of his or her authority at the time of the
50     assault.]
51          (ii) the medical service worker was performing a duty within the scope of the medical
52     service worker's authority.
53          [(2)] (3) [A person] An individual who violates Subsection [(1)] (2) is guilty of a third
54     degree felony if the [person] individual:
55          (a) causes substantial bodily injury, as defined in Section 76-1-601; and
56          (b) acts intentionally or knowingly.
57          [(3) As used in this section:]
58          [(a) "Assault" means the same as that term is defined in Section 76-5-102.]
59          [(b) "Emergency medical service worker" means a person licensed under Section
60     26-8a-302.]
61          [(c) "Health care provider" means the same as that term is defined in Section
62     78B-3-403.]
63          [(d) "Threat of violence" means the same as that term is defined in Section 76-5-107.]