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BILL AS INTRODUCED 2007-2008

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H.652

Introduced by   Representatives Grad of Moretown and Donaghy of Poultney

Referred to Committee on

Date:

Subject:  Crimes; assault on law enforcement officer

Statement of purpose:  This bill proposes to enhance the penalties for the crime of assault on a law enforcement officer, firefighter, or emergency personnel member, to expand the crime to prohibit intentionally causing bodily fluids to come into contact with the officer, and to require that a sentence for the crime be served consecutively and not concurrently with any other sentence.

AN ACT RELATING TO ASSAULT ON A LAW ENFORCEMENT OFFICER, FIREFIGHTER, OR EMERGENCY PERSONNEL MEMBER

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

Sec. 1.  13 V.S.A. § 1028 is amended to read:

§ 1028.  ASSAULT OF LAW ENFORCEMENT OFFICER, FIREFIGHTER,

              OR EMERGENCY MEDICAL PERSONNEL MEMBER;

              ASSAULT WITH BODILY FLUIDS

(a)  A person convicted of a simple or aggravated assault against a law enforcement officer, firefighter, or member of emergency services personnel as defined in subdivision 2651(6) of Title 24 while the officer, firefighter, or emergency medical personnel member is performing a lawful duty, in addition to any other penalties imposed under sections 1023 and 1024 of this title, shall:

(1)(A)  For the a first offense of simple assault, be imprisoned not more than one year;

(B)  For a second offense of aggravated assault, be imprisoned not more than three years;

(2)  For the second offense and subsequent offenses, be imprisoned not more than ten years.

(b)(1)  No person shall intentionally cause blood, vomitus, excrement, mucus, saliva, semen, or urine to come in contact with a law enforcement officer, firefighter, or member of emergency services personnel as defined in subdivision 2651(6) of Title 24 while the officer, firefighter, or emergency medical personnel member is performing a lawful duty. 

(2)  A person who violates this subsection shall be imprisoned not more than two years or fined not more than $1,000.00, or both.

(c)  A sentence imposed for a conviction of this section shall be served consecutively and not concurrently with any other sentence.   



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us