HLS 14RS-1123 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. 897
BY REPRESENTATIVE BILLIOT
CRIME/BATTERY: Creates the crime of battery of emergency services personnel and
amends the crime of obstructing a fireman relative to emergency services personnel
AN ACT1
To amend and reenact R.S. 14:327(A)(2) and to enact R.S. 14:34.5.2, relative to the crimes2
involving emergency services personnel; to create the crime of battery of emergency3
services personnel; to provide for criminal penalties; to define "emergency services4
personnel"; to amend the crime of obstructing a fireman to include certain5
emergency services personnel; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 14:327(A)(2) is hereby amended and reenacted and R.S. 14:34.5.28
is hereby enacted to read as follows: 9
§34.5.2. Battery of emergency services personnel10
A. Battery of emergency services personnel is a battery committed without11
the consent of the victim when the offender has reasonable grounds to believe the12
victim is emergency services personnel acting in the performance of employment13
duties.14
B. For purposes of this Section, "emergency services personnel" means all15
persons defined as "emergency medical services personnel" by R.S. 40:1300.103 and16
all persons defined as "emergency medical services practitioners" by R.S. 40:1231.17
C. Whoever commits the crime of battery of emergency services personnel18
shall be fined not more than one thousand dollars, imprisoned for not less than19
fifteen days nor more than six months, or both. If the battery produces an injury20 HLS 14RS-1123 ORIGINAL
HB NO. 897
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which requires medical attention, the offender shall be fined not more than five1
thousand dollars, imprisoned with or without hard labor for not less than one year2
nor more than five years, or both.3
* * *4
§327. Obstructing a fireman 5
A.6
* * *7
(2) For the purposes of this Section, "fireman" shall include certified first8
responders as defined in R.S. 40:1231(9), certified emergency medical technicians9
as defined in R.S. 40:1231(5) all persons defined as "emergency medical services10
personnel" by R.S. 40:1300.103, all persons defined as "emergency medical services11
practitioners" by R.S. 40:1231, and any firefighter regularly employed by a fire12
department of any municipality, parish, or fire protection district of the state of13
Louisiana, or any volunteer fireman of the state of Louisiana.14
* * *15
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)]
Billiot HB No. 897
Abstract: Creates the crime of battery of emergency services personnel and amends the
crime of obstructing a fireman to include emergency services personnel.
Proposed law creates the crime of battery of emergency services personnel 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 services personnel acting in the
performance of employment duties.
Proposed law provides for the following penalties for commission of the offense:
(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.
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 HLS 14RS-1123 ORIGINAL
HB NO. 897
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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 for both battery of emergency services personnel and obstructing a fireman 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. 14:34.5.2)