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BILL AS INTRODUCED 2007-2008

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H.43

Introduced by Representatives Pillsbury of Brattleboro and Keenan of St. Albans City

Referred to Committee on

Date:

Subject:  Crimes; aggravated assault; health care providers

Statement of purpose:  This bill proposes to define aggravated assault to include causing or attempting to cause bodily injury in a health care facility to a health care provider or to an employee of the facility.

AN ACT RELATING TO ASSAULTING A HEALTH CARE PROVIDER OR EMPLOYEE OF A HEALTH CARE FACILITY 

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  13 V.S.A. § 1021 is amended to read:

§ 1021.  DEFINITIONS

For the purpose of this chapter:

(1)  “Bodily injury” means physical pain, illness, or any impairment of physical condition;.

(2)  “Serious bodily injury” means:

(A)  bodily injury which creates any of the following:

(i)  a substantial risk of death;

(ii)  a substantial loss or impairment of the function of any bodily member or organ;

(iii)  a substantial impairment of health; or

(iv)  substantial disfigurement; or

(B)  strangulation by intentionally impeding normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person.

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(4)  “Health care facility” shall have the same meaning as provided in subdivision 9432(7) of Title 18.

(5)  “Health care provider” shall have the same meaning as provided in subdivision 9432(8) of Title 18 and shall include emergency medical personnel.

Sec. 2.  13 V.S.A. § 1024 is amended to read:

§ 1024.  AGGRAVATED ASSAULT

(a)  A person is guilty of aggravated assault if the person:

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(5)  is armed with a deadly weapon and threatens to use the deadly weapon on another person; or

(6)  attempts to cause or purposely or knowingly causes bodily injury in a health care facility to a health care provider or to an employee of the facility.

(b)  A person found guilty of violating a provision of subdivision (a)(1) or (2)  of this section shall be imprisoned for not more than 15 years or fined not more than $10,000.00, or both.

(c)  A person found guilty of violating a provision of subdivisions (a)(3), (4), or (5), or (6) of this section shall be imprisoned for not more than five years or fined not more than $5,000.00, or both.

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Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us