New Jersey Assembly Bill A4197

New Jersey 2022-2023 Regular Session

• Introduced: 6/9/22
• Refer: 6/9/22

Caption

Upgrades penalties for assaulting certain health care support staff and security guards at health care facilities and human services and veterans' facilities.

Impact

If enacted, A4197 will amend N.J.S.2C:12-1, which outlines the definitions and penalties for assault in New Jersey. The bill categorizes certain acts of assault against specified individuals within health care contexts as 'aggravated assault'. Under the new laws, if a victim suffers bodily injury, the crime would be charged as a third-degree offense, punishable by a term of imprisonment between three to five years or fines up to $15,000. If no bodily injury occurs, it would be classified as a fourth-degree crime, carrying less severe penalties. This amendment could significantly strengthen the legal framework surrounding workplace safety for health care personnel.

Summary

Assembly Bill A4197 aims to enhance the legal protections for health care support staff and security guards by upgrading the penalties for assaults committed against them while they are performing their duties at health care facilities, human services, and veterans' facilities. The bill specifically focuses on those staff members who do not provide direct patient care but are essential in supporting operations and maintaining safety within these settings. The intention behind the bill is to recognize the vulnerabilities faced by these workers and to ensure their protection from violence in the workplace.

Contention

Notably, A4197 stipulates that the upgraded assault penalties won't apply to patients or residents in state or county psychiatric hospitals or veterans' memorial homes identified as having mental illnesses or developmental disabilities. This exclusion has raised discussions about the balance between protecting staff and ensuring that those receiving care also receive fair treatment under the law. The bill's specific focus on health care support staff may lead to further scrutiny related to workforce rights and the ethical implications of how care facilities handle instances of violence against and by individuals within their care.