HLS 14RS-1993 ENGROSSED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 1077 (Substitute for House Bill No. 1027 by Representative LeBas)
BY REPRESENTATIVES LEBAS, ARMES, AND BILLIOT
CRIME/BATTERY: Provides with respect to criminal offenses relative to certain medical
personnel and emergency services personnel
AN ACT1
To amend and reenact R.S. 14:327(A)(2) and to enact R.S. 14:34.8, relative to crimes2
involving certain medical personnel; to create the crime of battery of emergency3
room personnel, emergency services personnel, or a healthcare professional; to4
provide for criminal penalties; to provide for definitions; to amend the crime of5
obstructing a fireman to include certain emergency services personnel; and to6
provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 14:327(A)(2) is hereby amended and reenacted and R.S. 14:34.8 is9
hereby enacted to read as follows: 10
§34.8. Battery of emergency room personnel, emergency services personnel, or a11
healthcare professional12
A.(1) Battery of emergency room personnel, emergency services personnel,13
or a healthcare professional is battery committed without the consent of the victim14
when the offender has reasonable grounds to believe that the victim is emergency15
room personnel, emergency services personnel, or a healthcare professional acting16
in the performance of his employment duties.17
(2) The use of force of violence upon the person of emergency room18
personnel, emergency services personnel, or a healthcare professional by throwing19
feces, urine, blood, saliva, or any form of human waste by an offender while the20 HLS 14RS-1993 ENGROSSED
HB NO. 1077
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offender is transported to or from a medical facility or while being evaluated in a1
medical facility shall also constitute battery of emergency room personnel,2
emergency services personnel, or a healthcare professional.3
B. For purposes of this Section:4
(1) "Emergency room personnel" means a person in a hospital emergency5
department who, in the course and scope of his employment or as a volunteer,6
provides services or medical care, or who assists in the providing of services or7
medical care, for the benefit of the general public during emergency situations.8
"Emergency room personnel" shall include but not be limited to any healthcare9
professional, emergency department clerk, emergency department technician,10
student, and emergency department volunteer working in the hospital emergency11
department.12
(2) "Emergency services personnel" means any "emergency medical services13
personnel" as defined by R.S. 40:1300.103 or any "EMS practitioners" as defined by14
R.S. 40:1231.15
(3) "Healthcare professional" means a person licensed or certified by this16
state to provide healthcare or professional services as a physician, physician17
assistant, dentist, registered or licensed practical nurse or certified nurse assistant,18
advanced practice registered nurse, certified emergency medical technician,19
paramedic, certified registered nurse anesthetist, nurse practitioner, respiratory20
therapist, clinical nurse specialist, pharmacist, optometrist, podiatrist, chiropractor,21
physical therapist, occupational therapist, licensed radiologic technologist, licensed22
clinical laboratory scientist, licensed professional counselor, or psychologist.23
C.(1) Whoever commits the crime of battery of emergency room personnel,24
emergency services personnel, or a healthcare professional shall be fined not more25
than one thousand dollars and imprisoned for not less than fifteen days nor more than26
six months. At least forty-eight hours of the sentence imposed shall be without27
benefit of suspension of sentence.28 HLS 14RS-1993 ENGROSSED
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(2) If the battery produces an injury that requires medical attention, the1
offender shall be fined not more than five thousand dollars and imprisoned with or2
without hard labor for not less than one year nor more than five years. At least five3
days of the sentence imposed shall be without benefit of suspension of sentence.4
* * *5
§327. Obstructing a fireman6
A.7
* * *8
(2) For the purposes of this Section, "fireman" shall include certified first9
responders as defined in R.S. 40:1231(9), certified emergency medical technicians10
as defined in R.S. 40:1231(5) all persons defined as "emergency medical services11
personnel" by R.S. 40:1300.103, all persons defined as "emergency medical services12
personnel" by R.S. 40:1231, and any firefighter regularly employed by a fire13
department of any municipality, parish, or fire protection district of the state of14
Louisiana, or any volunteer fireman of the state of Louisiana.15
* * *16
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)]
LeBas HB No. 1077
Abstract: Creates the crime of battery of emergency room personnel, emergency services
personnel, or a healthcare professional, and amends the crime of obstructing a
fireman to include emergency services personnel.
Proposed law creates the crime of battery of emergency room personnel, emergency services
personnel, or a healthcare professional and defines the offense as:
(1)Battery committed without the consent of the victim when the offender has
reasonable grounds to believe that the victim is emergency room personnel,
emergency services personnel, or a healthcare professional acting in the performance
of his employment duties.
(2)Includes the use of force or violence upon the person of emergency room personnel,
emergency services personnel, or a healthcare professional by throwing feces, urine,
blood, saliva, or any form of human waste by an offender while the offender is
transported to or from a medical facility or while being evaluated in a medical
facility. HLS 14RS-1993 ENGROSSED
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are additions.
Proposed law defines "emergency room personnel", "emergency services personnel", and
"healthcare professional".
Proposed law provides for the following penalties for commission of the offense:
(1)A fine of not more than $1,000 and imprisonment for not less than 15 days nor more
than six months. At least 48 hours shall be served without benefit of suspension of
sentence.
(2)If the battery produces an injury that requires medical attention, a fine of not more
than $5,000 and imprisonment with or without hard labor for not less than one year
nor more than five years. At least five days of the sentence imposed shall be without
benefit of suspension of sentence.
Present law provides for the crime of obstruction of a fireman which is the intentional
hindering, delaying, hampering, interfering with, or impeding the progress of any regularly
employed member of a fire department of any municipality, parish, or fire protection district
of the state of La., or any volunteer fireman of the state of La. while in the performance of
his official duties; or cursing, reviling, or using any opprobrious language directed at any
such fireman while in the performance of his official duties.
Present law defines "fireman" as any certified first responders, certified emergency medical
technicians, and any firefighter regularly employed by a fire department of any municipality,
parish, or fire protection district of the state of La., or any volunteer fireman of the state of
La.
Proposed law retains the present law definition as it relates to firefighters, but amends the
definition to apply to all persons defined by present law as "emergency medical services
personnel" or "emergency medical services practitioners" which includes licensed
emergency medical responders, licensed emergency medical technicians, licensed advanced
emergency medical technicians, licensed paramedics, and any person trained and certified
or licensed to provide emergency medical care, whether on a paid or volunteer basis, as part
of a basic life support or advanced life support pre-hospital emergency care service or in an
emergency department or pediatric critical care or specialty unit in a licensed hospital.
(Amends R.S. 14:327(A)(2); Adds R.S. 14:34.8)