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.
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)