GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

S	1 

SENATE BILL 1214*

Short Title:  Assault Law Officer/Firefighter.	(Public)

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Sponsors: Senators Ballance, Blackmon; Ballantine, Lucas, Carrington, Foxx, McDaniel, Page, Parnell, Sherron, Edwards, Hartsell, Perdue, Hoyle, and Gulley.

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Referred to:  Judiciary II/Election Laws.

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May 20, 1996

A BILL TO BE ENTITLED
AN ACT TO MAKE IT A CLASS F FELONY OFFENSE TO ASSAULT A LAW ENFORCEMENT OFFICER AND INFLICT SERIOUS BODILY INJURY AND TO CREATE A NEW CRIMINAL OFFENSE OF ASSAULTING A FIREFIGHTER AS RECOMMENDED BY THE LEGISLATIVE RESEARCH COMMISSION'S STUDY COMMITTEE ON CRIMINAL LAWS, PROCEDURES, AND SENTENCING.
The General Assembly of North Carolina enacts:
Section 1.  Article 8 of Chapter 14 of the General Statutes is amended by adding a new section to read:
"§ 14-34.7.  Assault on a law enforcement officer.
Unless covered under some other provision of law providing greater punishment, a person is guilty of a Class F felony if the person assaults a law enforcement officer while the law enforcement officer is discharging or attempting to discharge his or her official duties and inflicts serious bodily injury on the law enforcement officer."
Sec. 2.  G.S. 143-34.6 reads as rewritten:
"§ 14-34.6.  Assault or affray on a firefighter; an emergency medical technician, ambulance attendant, emergency department nurse, or emergency department physician.
(a)	A person is guilty of a Class A1 misdemeanor if the person commits an assault or an affray on any of the following persons who are discharging or attempting to discharge their official duties:
(1)	An emergency medical technician.
(2)	An ambulance attendant.
(3)	An emergency department nurse.
(4)	An emergency department physician.
(5)	A firefighter.  
(b)	Unless a person's conduct is covered under some other provision of law providing greater punishment, a person is guilty of a Class I felony if the person violates subsection (a) of this section and (i) inflicts serious bodily injury or (ii) uses a deadly weapon other than a firearm.
(c)	Unless a person's conduct is covered under some other provision of law providing greater punishment, a person is guilty of a Class F felony if the person violates subsection (a) of this section and uses a firearm."
Sec. 3.  This act becomes effective December 1, 1996, and applies to offenses committed on or after that date.