GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

H	2 

HOUSE BILL 283
Committee Substitute Favorable 5/13/91

Short Title:  Assault/Health Official.	(Public)
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Sponsors:
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Referred to:  
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March 21, 1991

A BILL TO BE ENTITLED
AN ACT TO MAKE IT A MISDEMEANOR TO ASSAULT AN ENVIRONMENTAL HEALTH OFFICIAL AND A FELONY TO ASSAULT AN ENVIRONMENTAL HEALTH OFFICIAL WITH A DEADLY WEAPON.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 14-33(b) reads as rewritten:
"(b)	Unless his conduct is covered under some other provision of law providing greater punishment, any person who commits any assault, assault and battery, or affray is guilty of a misdemeanor punishable by a fine, imprisonment for not more than two years, or both such fine and imprisonment if, in the course of the assault, assault and battery, or affray, he:
(1)	Inflicts, or attempts to inflict, serious injury upon another person or uses a deadly weapon; or
(2)	Assaults a female, he being a male person at least 18 years of age; or
(3)	Assaults a child under the age of 12 years; or
(4)	Assaults a law-enforcement officer, a custodial officer of the State Department of Correction, personnel of a detention facility or personnel of a training school, while the officer or personnel is discharging or attempting to discharge a duty of his office; or
(5)	Assaults an officer of the North Carolina General Court of Justice while engaged in official judicial duties or on account of the performance of official judicial duties; or
(6)	Assaults a school administrator, school teacher, substitute school teacher, or school teacher aide when any of these persons is discharging or attempting to discharge his official duties; or
(7)	Assaults one of the following officers or employees of a county department of social services when that officer or employee is discharging or attempting to discharge a duty of his office or employment: the director, an administrator or other person in a supervisory position, a social worker, an eligibility specialist, or a receptionist; or
(8)	Assaults an environmental health specialist or other environmental health official discharging or attempting to discharge his official duties."
Sec. 2.  G.S. 14-34.2 reads as rewritten:
"§ 14-34.2. Assault with a firearm or other deadly weapon upon law-enforcement officer, fireman, emergency medical services personnel, or environmental health official.
Any person who commits an assault with a firearm or any other deadly weapon upon any:
(1) 	Law-enforcement officer;
(2) 	Fireman; 
(3) 	Emergency medical services personnel certified to transport patients, including ambulance attendants, emergency medical technicians, emergency medical technician intermediates, and emergency medical technician paramedics, when responding to a call; or
(4)	Environmental health specialist or other environmental health official;
in the performance of his duties shall be guilty of a Class I felony."
Sec. 3.  This act becomes effective October 1, 1991, and applies to offenses occurring on or after that date.