HLS 14RS-1000 ORIGINAL
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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. 256
BY REPRESENTATIVE ARMES
CRIME/BATTERY: Creates the crime of battery of emergency room personnel, emergency
services personnel, or a healthcare professional
AN ACT1
To enact R.S. 14:34.5.2, relative to the crime of battery; to create the crime of battery of2
emergency room personnel, emergency services personnel, or a healthcare3
professional; to provide for definitions; to provide for criminal penalties; and to4
provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 14:34.5.2 is hereby enacted to read as follows: 7
ยง34.5.2. Battery of emergency room personnel, emergency services personnel, or8
a healthcare professional9
A. Battery of emergency room personnel, emergency services personnel, or10
a healthcare professional is a battery committed without the consent of the victim11
when the offender has reasonable grounds to believe the victim is emergency room12
personnel, emergency services personnel, or a healthcare professional acting in the13
performance of employment duties.14
B. For purposes of this Section:15
(1) "Emergency room personnel" means a person in a hospital emergency16
department who, in the course and scope of his employment or as a volunteer,17
provides services for the benefit of the general public during emergency situations.18 HLS 14RS-1000 ORIGINAL
HB NO. 256
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(2) "Emergency services personnel" means all persons defined as1
"emergency medical services personnel" by R.S. 40:1300.103 and all persons defined2
as "emergency medical services practitioners" by R.S. 40:1231.3
(3) "Healthcare professional" means a person licensed or certified by this4
state to provide health care or professional services as a physician, dentist, registered5
or licensed practical nurse or certified nurse assistant, certified emergency medical6
technician, paramedic, certified registered nurse anesthetist, nurse practitioner,7
respiratory therapist, clinical nurse specialist, pharmacist, optometrist, podiatrist,8
chiropractor, physical therapist, occupational therapist, licensed radiologic9
technologist, licensed clinical laboratory scientist, or psychologist.10
C. Whoever commits the crime of battery of emergency room personnel,11
emergency services personnel, or a healthcare professional shall be fined not more12
than one thousand dollars, imprisoned for not less than fifteen days nor more than13
six months, or both. If the battery produces an injury which requires medical14
attention, the offender shall be fined not more than five thousand dollars, imprisoned15
with or without hard labor for not less than one year nor more than five years, or16
both.17
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)]
Armes HB No. 256
Abstract: Creates the crime of battery of emergency room personnel, emergency services
personnel, or a healthcare professional and provides penalties for the commission of
the offense.
Proposed law creates the crime of battery of emergency room personnel, emergency services
personnel, or a healthcare professional and defines the offense as a battery committed
without the consent of the victim when the offender has reasonable grounds to believe the
victim is emergency room personnel, emergency services personnel, or a healthcare
professional acting in the performance of employment duties.
Proposed law provides for the following definitions:
(1)"Emergency room personnel" means a person in a hospital emergency department
who, in the course and scope of his employment or as a volunteer, provides services
for the benefit of the general public during emergency situations. HLS 14RS-1000 ORIGINAL
HB NO. 256
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(2)"Emergency services personnel" means all persons defined as "emergency medical
services personnel" by R.S. 40:1300.103 and all persons defined as "emergency
medical services practitioners" by R.S. 40:1231.
(3)"Healthcare professional" means 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 for the following penalties:
(1)A fine of not more than $1,000, imprisonment for not less than 15 days nor more
than six months, or both.
(2)If the battery produces an injury which requires medical attention - A fine of not
more than $5,000, imprisonment 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)