ENROLLED
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ACT No. 664
Regular Session, 2014
HOUSE BILL NO. 1077 (Substitute for House Bill No. 1027 by Representative LeBas)
BY REPRESENTATIVES LEBAS, ARMES, BILLIOT, GUILLORY, HUNTER,
JEFFERSON, ST. GERMAIN, PATRICK WILLIAMS, AND WILLMOTT AND
SENATORS GUILLORY, KOSTELKA, MILLS, AND WHITE
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
offender is transported to or from a medical facility or while being evaluated or21
treated in a medical facility shall also constitute battery of emergency room22
personnel, emergency services personnel, or a healthcare professional.23 ENROLLEDHB NO. 1077
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B. For purposes of this Section:1
(1) "Emergency room personnel" includes a person in a hospital emergency2
department who, in the course and scope of his employment or as a volunteer,3
provides services or medical care, or who assists in the providing of services or4
medical care, for the benefit of the general public during emergency situations.5
"Emergency room personnel" shall include but not be limited to any healthcare6
professional, emergency department clerk, emergency department technician,7
student, and emergency department volunteer working in the hospital emergency8
department.9
(2) "Emergency services personnel" means any "emergency medical services10
personnel" as defined by R.S. 40:1300.103 or any "EMS practitioners" as defined by11
R.S. 40:1231.12
(3) "Healthcare professional" means a person licensed or certified by this13
state to provide healthcare or professional services as a physician, physician14
assistant, dentist, registered or licensed practical nurse or certified nurse assistant,15
advanced practice registered nurse, certified emergency medical technician,16
paramedic, certified registered nurse anesthetist, nurse practitioner, respiratory17
therapist, clinical nurse specialist, pharmacist, optometrist, podiatrist, chiropractor,18
physical therapist, occupational therapist, licensed radiologic technologist, licensed19
clinical laboratory scientist, licensed professional counselor, certified social worker,20
or psychologist.21
C.(1) Whoever commits the crime of battery of emergency room personnel,22
emergency services personnel, or a healthcare professional shall be fined not more23
than one thousand dollars and imprisoned for not less than fifteen days nor more than24
six months. At least forty-eight hours of the sentence imposed shall be without25
benefit of suspension of sentence.26
(2) If the battery produces an injury that requires medical attention, the27
offender shall be fined not more than five thousand dollars and imprisoned with or28 ENROLLEDHB NO. 1077
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without hard labor for not less than one year nor more than five years. At least five1
days of the sentence imposed shall be without benefit of suspension of sentence.2
* * *3
§327. Obstructing a fireman4
A.5
* * *6
(2) For the purposes of this Section, "fireman" shall include certified first7
responders as defined in R.S. 40:1231(9), certified emergency medical technicians8
as defined in R.S. 40:1231(5) all persons defined as "emergency medical services9
personnel" by R.S. 40:1300.103, all persons defined as "emergency medical services10
personnel" by R.S. 40:1231, and any firefighter regularly employed by a fire11
department of any municipality, parish, or fire protection district of the state of12
Louisiana, or any volunteer fireman of the state of Louisiana.13
* * *14
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: