SB 20 — Emergency Worker Protection Act.

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2019 S 12 SENATE BILL 20 Judiciary Committee Substitute Adopted 3/6/19 Short Title:

Senators Britt, Ballard, McInnis (Primary Sponsors);

T.

Alexander, J.

Davis, Ford, Gallimore, Harrington, Hise, Perry, Sanderson, and Steinburg.

Rules and Operations of the Senate February 7, 2019 A BILL TO BE ENTITLED AN ACT TO ENACT THE EMERGENCY WORKER PROTECTION ACT.

14-34.2 reads as rewritten:

"§ 14-34.2.

Assault with a firearm or other deadly weapon upon governmental officers or employees, company police officers, or campus police officers.

(a) Unless a person's conduct is covered under some other provision of law providing greater punishment, any person who commits an assault with a firearm or any other deadly weapon upon an officer or employee of the State or of any political subdivision of the State, a company police officer certified pursuant to the provisions of Chapter 74E of the General Statutes, or a campus police officer certified pursuant to the provisions of Chapter 74G, Article 1 of Chapter 17C or Chapter 116 of the General Statutes, in the performance of his duties shall be an official duty is guilty of a Class F Class E felony.

(b) A person is guilty of a Class D felony if the person commits a violation of subsection (a) of this section and uses a firearm." SECTION 2.

G.S.

(b) Anyone who commits an assault with a firearm upon a person who is employed at a detention facility operated under the jurisdiction of the State or a local government while the employee is in the performance of the employee's duties is guilty of a Class E Class D felony." SECTION 2.3.

…(a) (b)Apersonis UnlessguiltyofaClass aIfelonyifthepersoncommitsanassaultoraffraycausing person'sphysical conductinjury ison coveredany under some other provision of law providing greater punishment, a person is guilty of a Class H Class G felony if the personfollowing violatespersons subsectionwho (a)are ofdischarging this section and (i) inflicts serious bodily injury or (ii)attempting usesto adischarge deadlytheir weaponofficial otherduties: than a firearm.

(c)(1) UnlessAn aemergency person'smedical conducttechnician isor covered under some other provisionemergency ofhealth lawcare providingprovider. greaterpunishment, aperson is guiltyof a ClassF Class E felonyifthe person violatessubsection (a) of this section and uses a firearm." SECTION 3.

(2) A medical responder.

*S20-v-2* General Assembly Of North Carolina Session 2019 (3) Hospital personnel and licensed healthcare providers who are providing or attempting to provide health care services to a patient in a hospital.patient.

(4) Repealed by Session Laws 2011-356, s.

2, effective December 1, 2011, and applicable to offenses committed on or after that date.

(5) A firefighter.

(6) Hospital security personnel.

(b) Unless a person's conduct is covered under some other provision of law providing greater punishment, a person is guilty of a Class H Class G felony if the person violates subsection (a) of this section and (i) inflicts serious bodily injury or (ii) uses a deadly weapon other than a firearm.

(c) Unless a person's conduct is covered under some other provision of law providing greaterpunishment, aperson is guiltyof a ClassF Class E felonyifthe person violatessubsection (a) of this section and uses a firearm." SECTION 4.

*S20-v-1* General Assembly Of North Carolina Session 2019 (a1) Unless covered under some other provision of law providing greater punishment, a person is guilty of a Class F Class E felonyif the person assaults a member of the North Carolina National Guard while he or she is discharging or attempting to discharge his or her official duties and inflicts serious bodily injury on the member.

For the purposes of this subsection, "physical injury" includes cuts, scrapes, bruises, or other physical injury which does not constitute serious injury." SECTION 4.5.

Page 2 Senate Bill 20-Second Edition General Assembly Of North Carolina Session 2019 (b) The term "emergency personnel" includes law-enforcement officers, firemen, ambulance attendants, utility workers, doctors, nurses, and other persons lawfully engaged in providing essential services during the emergency.

Any person who commits an assault upon emergency personnel with or through the use of any dangerous weapon or substance shall be punished as a Class F Class E felon." SECTION 5.6.

(b) A violation of subsection (a) of this section committed against a person who is an emergency worker while the emergency worker is discharging or is attempting to discharge thean worker's official dutiesduty is a Class D felony.

For purposes of this subsection, an "emergency worker" is a law enforcement officer, firefighter, emergency medical technician, or medical responder." SECTION 6.7.

Article 35 of Chapter 14 of the General Statutes is amended by adding a new section to read:

"§ 14-277.7A.

Communicating a threat of violence against a public safety worker.

(a) Definition.

– For purposes of this section, the term "public safety worker" means any of the following:

Page 2 Senate Bill 20-First Edition General Assembly Of North Carolina Session 2019 (1) A law enforcement officer.

(2) An emergency medical technician.

(3) A medical responder.

(4) A firefighter.

(5) A person employed at a detention facility operated under the jurisdiction of the State or a local government.

(6) A school safety officer or school resource officer who (i) is not a law enforcement officer and (ii) is regularly present in a school for the purpose of promoting and maintaining safety and orderliness in the school.