Representative Robert M. Spendlove proposes the following substitute bill:


1     
HEALTH CARE WORKER PROTECTION AMENDMENTS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Robert M. Spendlove

5     
Senate Sponsor: Don L. Ipson

6     

7     LONG TITLE
8     General Description:
9          This bill enacts provisions relating to the assault of an owner, employee, or contractor
10     of a health facility.
11     Highlighted Provisions:
12          This bill:
13          ▸     enacts enhanced penalties for assault or threat of violence against an owner,
14     employee, or contractor of a health facility;
15          ▸     creates an automatic sunset date for the provisions in this bill; and
16          ▸     makes technical corresponding changes.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          63I-2-276, as last amended by Laws of Utah 2019, Chapter 124
24          76-5-102.7, as last amended by Laws of Utah 2017, Chapters 123 and 326
25     

26     Be it enacted by the Legislature of the state of Utah:
27          Section 1. Section 63I-2-276 is amended to read:
28          63I-2-276. Repeal dates -- Title 76.
29          (1) Subsection 76-5-102.7(1)(b), regarding assault or threat of violence against an
30     owner, employee, or contractor of a health facility, is repealed January 1, 2027.
31          [(1)] (2) If Section 76-7-302.4 is not in effect before January 1, 2029, Section
32     76-7-302.4 is repealed January 1, 2029.
33          [(2)] (3) Section 76-7-305.7 is repealed January 1, 2023.
34          Section 2. Section 76-5-102.7 is amended to read:
35          76-5-102.7. Assault or threat of violence against health care provider, emergency
36     medical service worker, or health facility employee -- Penalty.
37          (1) As used in this section:
38          (a) "Assault" means an offense under Section 76-5-102.
39          (b) "Emergency medical service worker" means an individual licensed under Section
40     26-8a-302.
41          (c) "Health care provider" means the same as that term is defined in Section
42     78B-3-403.
43          (d) "Health facility" means:
44          (i) a health care facility as defined in Section 26-21-2; and
45          (ii) the office of a private health care provider, whether for individual or group
46     practice.
47          (e) "Health facility employee" means an employee, owner, or contractor of a health
48     facility.
49          (f) "Threat of violence" means an offense under Section 76-5-107.
50          [(1) A person who]
51          (2) (a) An actor commits [an] assault or threat of violence against a health care
52     provider or emergency medical service worker [is guilty of a class A misdemeanor] if:
53          [(a) the person] (i) the actor is not a prisoner or a [person detained under Section
54     77-7-15] detained detail;
55          (ii) the actor commits an assault or threat of violence;
56          [(b) the person] (iii) the actor knew that the victim was a health care provider or
57     emergency medical service worker; and
58          [(c)] (iv) the health care provider or emergency medical service worker was performing
59     emergency or life saving duties within the scope of his or her authority at the time of the assault
60     or threat of violence.
61          (b) An actor commits assault or threat of violence against a health facility employee if:
62          (i) the actor is not a prisoner or a detained individual;
63          (ii) the actor commits an assault or threat of violence;
64          (iii) the actor knew that the victim was a health facility employee; and
65          (iv) the health facility employee was acting within the scope of the health facility
66     employee's duties for the health facility.
67          (3) (a) A violation of Subsection (2) is a class A misdemeanor.
68          [(2) A person who violates Subsection (1) is guilty of]
69          (b) Notwithstanding Subsection (3)(a), a violation of Subsection (2) is a third degree
70     felony if the [person] actor:
71          [(a)] (i) causes substantial bodily injury[, as defined in Section 76-1-601]; and
72          [(b)] (ii) acts intentionally or knowingly.
73          [(3) As used in this section:]
74          [(a) "Assault" means the same as that term is defined in Section 76-5-102.]
75          [(b) "Emergency medical service worker" means a person licensed under Section
76     26-8a-302.]
77          [(c) "Health care provider" means the same as that term is defined in Section
78     78B-3-403.]
79          [(d) "Threat of violence" means the same as that term is defined in Section 76-5-107.]