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BILL AS PASSED HOUSE AND SENATE 2007-2008

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S.301

AN ACT RELATING TO ASSAULT OF EMERGENCY ROOM PERSONNEL AND TO ASSAULTING A LAW ENFORCEMENT OFFICER WITH BODILY FLUIDS

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,

               EMERGENCY ROOM PERSONNEL, 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, emergency room personnel, 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)  For the first offense, be imprisoned not more than one year;

(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 while the officer is performing a lawful duty. 

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



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us