SB 289 — Revises provisions relating to crimes against providers of health care. (BDR 15-996)

(ReprintedSenate withBill amendmentsNo. adopted on April 19, 2023) FIRST REPRINT S.B.

289289–Senator SENATENguyen BCHAPTER.......... ILLN O.

289–SENATOR NGUYEN M ARCH 15, 2023 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to crimes against providers of health care.

(BDR 15-996) FISCAL NOTE:

Effect on Local Government:

Increases or Newly Provides for Term of Imprisonment in County or City Jail or Detention Facility.

Effect on the State:

Yes.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Existing law provides that an assault without a deadly weapon or battery without a deadly weapon or without substantial harm to the victim is generally punishable as a misdemeanor.

(NRS 200.471, 200.481) A person who commitscommitserally assault without a deadly weapon against a provider of health care in the performance of his or her duties where the perpetrator knows or should know that the victim is a provider of health care is instead guilty of:

(NRS 200.471) Additionally, a person who commits a battery against a provider of health care performingknows his or hershould dutyknow that the victim is guiltya of:provider of health care;

(1)or a(2) grosscategory misdemeanor,B felony if the perpetrator knows or should know that the victim is a provider of health care;care and the battery involves substantial bodily harm or strangulation.

or (2) category B health care and the battery involves substantial bodily harm or strangulation.

(1) a behavior analyst, assistant behavior analyst, registered behavior technician, mental health technician, public safety officer at a health care facility or participant in a program of training to provide emergencyhome medicalfor services;compensation;

or (2)(3) any person who is employed by or volunteers at additionallyathe provide that the enhanced penalties for an assault or a battery against a provider of health care apply any time the provider of health care is assaulted or battered on the premises of a health care facility where the provider of health care performs his or her duty and themeets perpetratorcertain knowsother orrequirements. should know that the victim - *SB289_R1* – 2 – is a provider of health care, whether or not the provider of health care was performing his or her duty.

Sections 1 and 2 additionally provide that the enhanced penalties for an assault or a battery against a provider of health care apply any time the provider of health care is assaulted or battered on the premises of a health care facility where the provider of health care performs his or her duty and the perpetrator knows or should know that the victim performing his or her duty.e, whether or not the provider of health care was EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

(b)- “Fire-fighting82nd Session (2023) – 2 – NRS 239B.020.fighting agency” has the meaning ascribed to it in (c) “Health care facility” means a facility licensed pursuant to chapter 449 of NRS, an office of a person listed in NRS 239B.020.629.031, a clinic or any other location, other than a residence, where health care is provided.

(c) “Health care facility” means a facility licensed pursuant to chapter 449 of NRS, an office of a person listed in NRS 629.031, a clinic or any other location, other than a residence, where health care is provided.

(6) A justice of the Supreme Court, judge of the Court of Appeals, district judge, justice of the peace, municipal judge, magistrate, court commissioner, master or referee, including aa, person acting pro tempore in a capacity listed in this subparagraph;

- *SB289_R1* – 3 – (I) Interact with the public;

(II) Perform tasks related to fire fighting or fire prevention;

andandPerform tasks related to fire fighting or fire (III) Wear identification, clothing or a uniform that identifies the employee or volunteer as working or volunteering for the fire-fighting agency;

and (III)- Wear82nd identification,Session clothing(2023) or– a3 uniform– that identifies the employee or volunteer as working or volunteering for this State or a political subdivision of this State.

(1) A physician, a medical student, a perfusionist or a physician assistant licensed pursuant to chapter 630 of NRS, a practitioner of respiratory care, a homeopathic physician, an advanced practitioner of homeopathy, a homeopathic assistant, an osteopathic physician, a physician assistant licensed pursuant to chapter 633 of NRS, a podiatric physician, a podiatry hygienist, a physical therapist, a medical laboratory technician, an optometrist, a chiropractic physician, a chiropractic assistant, a doctor of Oriental medicine, a nurse, a student nurse, a certified nursing assistant, a nursing assistant trainee, a medication aide - certified, a person who provides health care services in the home for compensation, a dentist, a dental student, a dental hygienist, a dental hygienist student, a pharmacist, a pharmacy student, an intern pharmacist, an attendant on an ambulance or air ambulance, a psychologist, a social worker, a marriage and family therapist, a marriage and familyfamilysocial therapist intern, a clinical professional counselor, a clinical professional counselor intern, a behavior analyst, an assistant behavior analyst, a registered behavior technician, a mental health technician, a licensed dietitian, the holder of a license or a limited license issued under the provisions of chapter 653 of NRS, a public safety officer at a health care facility, an emergency medical technician, an advanced emergency medical technician , [and] a paramedic [.

and (III) Wears identification, clothing or a uniform that identifies the person as an employee or volunteer of the healthhealtht care facility.

- *SB289_R1* – 4 – (f) “School employee” means a licensed or unlicensed person employed by a board of trustees of a school district pursuant to NRS 391.100 or 391.281.

[(h)]- (i)82nd “Taxicab”Session (2023) – 4 – NRS 706.8816.“Taxicab” has the meaning ascribed to it in NRS[(i)] 706.8816.(j) “Taxicab driver” means a person who operates a taxicab.

[(i)] (j) “Taxicab driver” means a person who operates a taxicab.

(c) If paragraph (d) does not apply to the circumstances of the crime anda(1) ifIs thecommitted assaultupon [is][an] :

(1) Is committed upon [an] :

and [the] (2) The person charged knew or should have known that the victim was an officer, a provider of health care, a school employee, a taxicab driver, a transit operator or a sports official,  for a gross misdemeanor, unless the assault is made with the use of a deadly weapon or the present ability to use a deadly weapon, then for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

- *SB289_R1* – 5 – (1) Is committed by a probationer, a prisoner who is in lawful custody or confinement or a parolee upon [an] :

(II)- A82nd providerSession of(2023) health– care5 while– the provider of health care is performing his or her duty or is on the premises where he or she performs that duty;

200.481 1.

As used in this section:

(5)subdivision of the United States or of this State;olitical (6) A prosecutingjustice attorneyof the Supreme Court, judge of anthe agencyCourt orof politicalAppeals, subdivisiondistrict judge, justice of the Unitedpeace, Statesmunicipal judge, magistrate, court commissioner, master or ofreferee, including, without limitation, a person acting pro tempore in a capacity listed in this State;subparagraph;

(6)(7) AAn justiceemployee of thethis SupremeState Court,or judgea ofpolitical thesubdivision Court of Appeals,this districtState judge,whose justiceofficial ofduties require the peace,employee municipalto judge,make magistrate,home courtvisits; commissioner, master or referee, including, without limitation, a person acting pro tempore in a capacity listed in this subparagraph;