West Virginia Legislature
2016 Regular Session
Introduced
House Bill 2482
2015 Carryover
(By Delegates P. Smith, Lynch and Frich)
[Introduced January 13, 2016; referred to the
Committee on Health and Human Resources then the Judiciary.]
A BILL to amend and reenact §61‑2‑10b of the Code of West Virginia, 1931, as amended, relating to aggressive and violent behavior that is otherwise criminal activity of persons committed to state hospitals; authorizing immediate discharge and transportation to a regional jail.
Be it enacted by the Legislature of West Virginia:
That §61‑2‑10b of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 2. CRIMES AGAINST THE PERSON.
§61‑2‑10b. Malicious assault; unlawful assault; battery; and assault on governmental representatives, health care providers, and emergency medical service personnel; definitions; penalties.
(a) For purposes of this section:
(1) AGovernment
representative@ means any an officer or
employee of the state, or a political subdivision thereof, or a person under
contract with a state agency or political subdivision.
(2) AHealth
care worker@ means any a nurse, nurse
practitioner, physician, physician assistant or technician practicing at, and
all persons employed by or under contract to a hospital, county or district
health department, long‑term care facility, physician=s
office, clinic or outpatient treatment facility.
(3) AEmergency
service personnel" means any a paid or volunteer
firefighter, emergency medical technician, paramedic or other emergency
services personnel employed by or under contract with an emergency medical
service provider or a state agency or political subdivision thereof.
(b) Malicious assault. Any A
person who maliciously shoots, stabs, cuts or wounds or by any means causes
bodily injury with intent to maim, disfigure, disable or kill a government
representative, health care worker or emergency service personnel acting in his
or her official capacity and the person committing the malicious assault knows
or has reason to know that the victim is acting in his or her official
capacity, is guilty of a felony and, upon conviction thereof, shall be confined
in a state correctional facility for not less than three nor more than
fifteen years.
(c) Unlawful assault. Any A
person who unlawfully but not maliciously shoots, stabs, cuts or wounds or by
any means causes a government representative, health care worker or emergency
service personnel acting in his or her official capacity bodily injury with
intent to maim, disfigure, disable or kill him or her and the person committing
the unlawful assault knows or has reason to know that the victim is acting in
his or her official capacity, is guilty of a felony and, upon conviction
thereof, shall be confined in a state correctional facility for not less
than two nor more than five years.
(d) Battery. Any A
person who unlawfully, knowingly and intentionally makes physical contact of an
insulting or provoking nature with a government representative, health care
worker or emergency service personnel acting in his or her official capacity,
or unlawfully and intentionally causes physical harm to that person acting in
such capacity, is guilty of a misdemeanor and, upon conviction thereof, shall
be fined not more than $500 or confined in jail not less than one month nor
more than twelve months or both fined and confined. If any a
person commits a second such offense, he or she is guilty of a felony and, upon
conviction thereof, shall be fined not more than $1,000 or imprisoned in a
state correctional facility not less than one year nor more than three years,
or both fined and imprisoned. Any A person who commits a third
violation of this subsection is guilty of a felony and, upon conviction
thereof, shall be fined not more than $2,000 or imprisoned in a state
correctional facility not less than two years nor more than five years, or both
fined and imprisoned.
(e) Assault. Any A
person who unlawfully attempts to commit a violent injury to the person of a
government representative, health care worker or emergency service personnel
acting in his or her official capacity or unlawfully commits an act which
places that person acting in his or her official capacity in reasonable
apprehension of immediately receiving a violent injury, is guilty of a
misdemeanor and, upon conviction thereof, shall be confined in jail for not
less than twenty‑four hours nor more than six months, fined not more than
$200, or both fined and confined.
(f) Mental Health Patient. A person who commits a felony or misdemeanor as defined in this section while a patient in a mental health facility shall be immediately discharged from that facility without further action by the court that committed him or her to the facility and be transported to the custody of the regional jail serving the area in which the offense was committed.
NOTE: The purpose of this bill is to authorize the transfer of a person committed to a state facility to a regional jail following the commission of an unlawful act as defined in this section.
Strike‑throughs indicate language that would be stricken from the present law and underscoring indicates new language that would be added.