BILL AS INTRODUCED H.255
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H.255 1
Introduced by Representatives Krasnow of South Burlington, Arsenault of 2
Williston, Austin of Colchester, Burkhardt of South Burlington, 3
Duke of Burlington, Hooper of Burlington, Kleppner of 4
Burlington, Labor of Morgan, Lalley of Shelburne, Logan of 5
Burlington, Minier of South Burlington, Pouech of Hinesburg, 6
Sweeney of Shelburne, and Wells of Brownington 7
Referred to Committee on 8
Date: 9
Subject: Crimes; assault of protected professionals; public transit workers 10
Statement of purpose of bill as introduced: This bill proposes to establish 11
increased criminal penalties when a public transit worker is the victim of an 12
assault. 13
An act relating to establishing increased criminal penalties for an assault of 14
a public transit worker 15
It is hereby enacted by the General Assembly of the State of Vermont: 16
Sec. 1. 13 V.S.A. § 1028 is amended to read: 17
§ 1028. ASSAULT OF PROTECTED PROFESSIONAL; ASSAULT WITH 18
BODILY FLUIDS 19 BILL AS INTRODUCED H.255
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(a) A person convicted of a simple or aggravated assault against a protected 1
professional as defined in subdivision (d)(1) of this section while the protected 2
professional is performing a lawful duty, or with the intent to prevent the 3
protected professional from performing his or her the protected professional’s 4
lawful duty, in addition to any other penalties imposed under sections 1023 and 5
1024 of this title, shall: 6
(1) for the first offense, be imprisoned not more than one year; and 7
(2) for the second offense and subsequent offenses, be imprisoned not 8
more than 10 years. 9
(b)(1) No person shall intentionally cause blood, vomitus, excrement, 10
mucus, saliva, semen, or urine to come in contact with a protected professional 11
while the person is performing a lawful duty. 12
(2) A person who violates this subsection shall be imprisoned not more 13
than one year or fined not more than $1,000.00, or both. 14
(c) In imposing a sentence under this section, the court shall take into 15
consideration whether the defendant was a patient at the time of the offense 16
and had a psychiatric illness, the symptoms of which were exacerbated by the 17
surrounding circumstances, irrespective of whether the illness constituted an 18
affirmative defense to the charge. 19
(d) As used in this section: 20 BILL AS INTRODUCED H.255
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(1) “Protected professional” shall mean means a law enforcement 1
officer; a firefighter; a health care worker; an employee, contractor, or grantee 2
of the Department for Children and Families; a public transit worker; or any 3
emergency medical personnel as defined in 24 V.S.A. § 2651(6). 4
(2) “Health care facility” shall have has the same meaning as defined in 5
18 V.S.A. § 9432(8). 6
(3) “Health care worker” means an employee of a health care facility or 7
a licensed physician who is on the medical staff of a health care facility who 8
provides direct care to patients or who is part of a team-response to a patient or 9
visitor incident involving real or potential violence. 10
(4) “Public transit worker” means: 11
(A) a driver providing public transit as an employee or a volunteer; or 12
(B) an employee supporting public transit riders at a transit center. 13
(e) This section shall not apply to an individual under 18 years of age 14
residing in a residential rehabilitation facility. 15
Sec. 2. EFFECTIVE DATE 16
This act shall take effect on passage. 17