HLS 10RS-1203 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 361
BY REPRESENTATIVE WILLMOTT
CRIME/BATTERY: Creates the crime of battery of a health care provider
AN ACT1
To enact R.S. 14:34.5.2, relative to the crime of battery; to create the crime of battery of a2
health care provider; to provide for definitions; to provide for penalties; and to3
provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 14:34.5.2 is hereby enacted to read as follows: 6
ยง34.5.2. Battery of a health care provider7
A. Battery of a health care provider is a battery committed without the8
consent of the victim when the offender has reasonable grounds to believe the victim9
is a health care provider acting in the performance of employment duties.10
B. For purposes of this Section, "health care provider" means a person11
licensed or certified by this state to provide health care or professional services as12
a physician, dentist, registered or licensed practical nurse or certified nurse assistant,13
certified emergency medical technician, paramedic, certified registered nurse14
anesthetist, nurse practitioner, respiratory therapist, clinical nurse specialist,15
pharmacist, optometrist, podiatrist, chiropractor, physical therapist, occupational16
therapist, licensed radiologic technologist, licensed clinical laboratory scientist, or17
psychologist.18
C. Whoever commits the crime of battery of a health care provider shall be19
fined not more than five hundred dollars, imprisoned for not less than fifteen days20 HLS 10RS-1203 ORIGINAL
HB NO. 361
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
nor more than six months, or both. At least seventy-two hours of the sentence1
imposed shall be served without benefit of suspension of sentence. If the battery2
produces an injury which requires medical attention, the offender shall be fined not3
more than one thousand dollars, imprisoned with or without hard labor for not less4
than one year nor more than five years, or both.5
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Willmott HB No. 361
Abstract: Creates the crime of battery on a health care provider.
Proposed law creates the crime of battery of a health care provider.
Proposed law defines a "health care provider" as a person licensed or certified by this state
to provide health care or professional services as a physician, dentist, registered or licensed
practical nurse or certified nurse assistant, certified emergency medical technician,
paramedic, certified registered nurse anesthetist, nurse practitioner, respiratory therapist,
clinical nurse specialist, pharmacist, optometrist, podiatrist, chiropractor, physical therapist,
occupational therapist, licensed radiologic technologist, licensed clinical laboratory scientist,
or psychologist.
Proposed law provides penalties including a fine of not more than $500 dollars,
imprisonment for not less than 15 days nor more than six months, or both. At least 72 hours
of the sentence imposed shall be served without benefit of suspension of sentence. If the
battery produces an injury which requires medical attention, the offender shall be fined not
more than $1,000, imprisoned with or without hard labor for not less than one year nor more
than five years, or both.
(Adds R.S. 14:34.5.2)