Revises definition of health care professional in aggravated assault statute to match definition under "Health Care Heroes Violence Prevention Act."

A2295 TR

ASSEMBLY, No. 2295

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman MARGIE DONLON, M.D.

District 11 (Monmouth)

Assemblywoman SHANIQUE SPEIGHT

District 29 (Essex and Hudson)

Assemblyman LOUIS D. GREENWALD

District 6 (Burlington and Camden)

Co-Sponsored by:

Assemblywoman Rowan

SYNOPSIS

���� Revises definition of health care professional in
aggravated assault statute to match definition under "Health Care Heroes
Violence Prevention Act."

CURRENT VERSION OF TEXT

���� As reported by the Assembly Public Safety and
Preparedness Committee with technical review.

��

An Act

concerning aggravated assaults and amending
N.J.S.2C:12-1.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� N.J.S.2C:12-1 is amended
to read as follows:

���� 2C:12-1.� Assault. a. Simple
assault.� A person is guilty of assault if the person:

���� (1)�� Attempts to cause or
purposely, knowingly or recklessly causes bodily injury to another; or

���� (2)�� Negligently causes
bodily injury to another with a deadly weapon; or

���� (3)�� Attempts by physical
menace to put another in fear of imminent serious bodily injury.

���� Simple assault is a disorderly
persons offense unless committed in a fight or scuffle entered into by mutual
consent, in which case it is a petty disorderly persons offense.

���� b.��� Aggravated assault.� A
person is guilty of aggravated assault if the person:

���� (1)�� Attempts to cause
serious bodily injury to another, or causes injury purposely or knowingly or
under circumstances manifesting extreme indifference to the value of human life
recklessly causes such injury; or

���� (2)�� Attempts to cause or
purposely or knowingly causes bodily injury to another with a deadly weapon; or

���� (3)�� Recklessly causes bodily
injury to another with a deadly weapon; or

���� (4)�� Knowingly under
circumstances manifesting extreme indifference to the value of human life
points a firearm, as defined in subsection f. of N.J.S.2C:39-1, at or in the
direction of another, whether or not the actor believes it to be loaded; or

���� (5)�� Commits a simple assault
as defined in paragraph (1), (2), or (3) of subsection a. of this section upon:

���� (a)�� Any law enforcement
officer acting in the performance of the officer's duties while in uniform or
exhibiting evidence of authority or because of the officer's status as a law
enforcement officer; or

���� (b)�� Any paid or volunteer
firefighter acting in the performance of the firefighter's duties while in
uniform or otherwise clearly identifiable as being engaged in the performance
of the duties of a firefighter; or

���� (c)�� Any person engaged in
emergency first-aid or medical services acting in the performance of the
person's duties while in uniform or otherwise clearly identifiable as being
engaged in the performance of emergency first-aid or medical services; or

���� (d)�� Any school board member,
school administrator, teacher, school bus driver, or other employee of a public
or nonpublic school or school board while clearly identifiable as being engaged
in the performance of the person's duties or because of the person's status as
a member or employee of a public or nonpublic school or school board or any
school bus driver employed by an operator under contract to a public or
nonpublic school or school board while clearly identifiable as being engaged in
the performance of the person's duties or because of the person's status as a
school bus driver; or

���� (e)�� Any employee of the
Division of Child Protection and Permanency while clearly identifiable as being
engaged in the performance of the employee's duties or because of the status as
an employee of the division; or

���� (f)�� Any justice of the
Supreme Court, judge of the Superior Court, judge of the Tax Court or municipal
judge while clearly identifiable as being engaged in the performance of
judicial duties or because of the status as a member of the judiciary; or

���� (g)�� Any operator of a
motorbus or the operator's supervisor or any employee of a rail passenger
service while clearly identifiable as being engaged in the performance of the
person's duties or because of the status as an operator of a motorbus or as the
operator's supervisor or as an employee of a rail passenger service; or

���� (h)�� Any Department of
Corrections employee, county correctional police officer, juvenile correctional
police officer, State juvenile facility employee, juvenile detention staff
member, juvenile detention officer, probation officer or any sheriff,
undersheriff, or sheriff's officer acting in the performance of the person's
duties while in uniform or exhibiting evidence of the person's authority or
because of the status as a Department of Corrections employee, county
correctional police officer, juvenile correctional police officer, State
juvenile facility employee, juvenile detention staff member, juvenile detention
officer, probation officer, sheriff, undersheriff, or sheriff's officer; or

���� (i)��� Any employee, including
any person employed under contract, of a utility company as defined in section
2 of P.L.1971, c.224 (C.2A:42-86) or a cable television company subject to the
provisions of the "Cable Television Act," P.L.1972, c.186 (C.48:5A-1
et seq.) while clearly identifiable as being engaged in the performance of the
employee's duties in regard to connecting, disconnecting, or repairing or
attempting to connect, disconnect, or repair any gas, electric, or water
utility, or cable television or telecommunication service; or

���� (j)��� Any health care
[
worker
employed by a licensed health care facility to provide direct patient care, any
health care professional licensed or otherwise authorized pursuant to Title 26
or Title 45 of the Revised Statutes to practice a health care profession,
except a direct care worker at a State or county psychiatric hospital or State
developmental center or veterans' memorial home, while clearly identifiable as
being engaged in the duties of providing direct patient care or practicing the
health care profession
]

professional, volunteer working for a health care professional or working at
a health care facility, supportive services staff member working for a health
care professional or working at a health care facility, or employee of a health
care professional or health care facility, while the health care professional,
volunteer, supportive services staff member, or employee is performing official
duties
; or

���� (k)�� Any direct care worker
at a State or county psychiatric hospital or State developmental center or
veterans' memorial home, while clearly identifiable as being engaged in the
duties of providing direct patient care or practicing the health care
profession, provided that the actor is not a patient or resident at the
facility who is classified by the facility as having a mental illness or
developmental disability; or

���� (l)��� Any employee of a store
or other retail mercantile establishment while clearly identifiable as being
engaged in the performance of the person's duties.� "Store or other retail
mercantile establishment" means the same as such term is defined in N.J.S.2C:20-11.�
"Employee" means any person who provides customer assistance, store
management, visual merchandising, loss prevention or security services, whether
in uniform or in plain clothes, or who acts as a cashier, salesperson, or team associate
or otherwise interacts with customers for or on behalf of the store or other
retail mercantile establishment; or

���� (6)�� Causes bodily injury to
another person while fleeing or attempting to elude a law enforcement officer
in violation of subsection b. of N.J.S.2C:29-2 or while operating a motor
vehicle in violation of subsection c. of N.J.S.2C:20-10.� Notwithstanding any other
provision of law to the contrary, a person shall be strictly liable for a
violation of this paragraph upon proof of a violation of subsection b. of
N.J.S.2C:29-2 or while operating a motor vehicle in violation of subsection c.
of N.J.S.2C:20-10 which resulted in bodily injury to another person; or

���� (7)�� Attempts to cause
significant bodily injury to another or causes significant bodily injury
purposely or knowingly or, under circumstances manifesting extreme indifference
to the value of human life recklessly causes such significant bodily injury; or

���� (8)�� Causes bodily injury by
knowingly or purposely starting a fire or causing an explosion in violation of
N.J.S.2C:17-1 which results in bodily injury to any emergency services
personnel involved in fire suppression activities, rendering emergency medical
services resulting from the fire or explosion or rescue operations, or
rendering any necessary assistance at the scene of the fire or explosion,
including any bodily injury sustained while responding to the scene of a
reported fire or explosion.� For purposes of this paragraph, "emergency
services personnel" shall include, but not be limited to, any paid or
volunteer firefighter, any person engaged in emergency first-aid or medical
services and any law enforcement officer.� Notwithstanding any other provision
of law to the contrary, a person shall be strictly liable for a violation of
this paragraph upon proof of a violation of N.J.S.2C:17-1 which resulted in
bodily injury to any emergency services personnel; or

���� (9)�� Knowingly, under
circumstances manifesting extreme indifference to the value of human life,
points or displays a firearm, as defined in subsection f. of N.J.S.2C:39-1, at
or in the direction of a law enforcement officer; or

���� (10) Knowingly points,
displays or uses an imitation firearm, as defined in subsection v. of
N.J.S.2C:39-1, at or in the direction of a law enforcement officer with the
purpose to intimidate, threaten, or attempt to put the officer in fear of
bodily injury or for any unlawful purpose; or

���� (11)� Uses or activates a
laser sighting system or device, or a system or device which, in the manner
used, would cause a reasonable person to believe that it is a laser sighting
system or device, against a law enforcement officer acting in the performance
of the officer's duties while in uniform or exhibiting evidence of the
officer's authority.� As used in this paragraph, "laser sighting system or
device" means any system or device that is integrated with or affixed to a
firearm and emits a laser light beam that is used to assist in the sight
alignment or aiming of the firearm; or

���� (12)� Attempts to cause
significant bodily injury or causes significant bodily injury purposely or
knowingly or, under circumstances manifesting extreme indifference to the value
of human life, recklessly causes significant bodily injury to a person who,
with respect to the actor, meets the definition of a victim of domestic
violence, as defined in subsection d. of section 3 of P.L.1991, c.261
(C.2C:25-19); or

���� (13)� Knowingly or, under
circumstances manifesting extreme indifference to the value of human life,
recklessly obstructs the breathing or blood circulation of a person who, with
respect to the actor, meets the definition of a victim of domestic violence, as
defined in subsection d. of section 3 of P.L.1991, c.261 (C.2C:25-19), by
applying pressure on the throat or neck or blocking the nose or mouth of such
person, thereby causing or attempting to cause bodily injury.

���� Aggravated assault under
paragraphs (1) and (6) of subsection b. of this section is a crime of the
second degree; under paragraphs (2), (7), (9), and (10) of subsection b. of
this section is a crime of the third degree; under paragraphs (3) and (4) of subsection
b. of this section is a crime of the fourth degree; and under paragraph (5) of
subsection b. of this section is a crime of the third degree if the victim
suffers bodily injury, otherwise it is a crime of the fourth degree, except:

���� any aggravated assault under
subparagraph (g) of paragraph (5) of subsection b. of this section shall be a
crime of the third degree; and

���� any aggravated assault of a
law enforcement officer under subparagraph (a) of paragraph (5) of subsection
b. of this section resulting in serious bodily injury shall be a crime of the
second degree. Notwithstanding the provisions of N.J.S.2C:1-8 or any other law,
a conviction for assaulting a law enforcement officer under subparagraph (a) of
paragraph (5) of subsection b. of this section shall not merge with a
conviction for any other criminal offense.� A mandatory term of incarceration
pursuant to section 2 of P.L.1997, c.117 (C.2C:43-7.2) shall not apply to a
conviction for aggravated assault of a law enforcement officer under
subparagraph (a) of paragraph (5) of subsection b. of this section unless the
assault resulted in serious bodily injury to the officer. A person charged with
aggravated assault of a law enforcement officer under subparagraph (a) of
paragraph (5) of subsection b. of this section resulting in serious bodily
injury shall be ineligible to apply for admission to a program of supervisory treatment
pursuant to the provisions of N.J.S.2C:43-12 through 2C:43-22.

���� Aggravated assault under
paragraph (8) of subsection b. of this section is a crime of the third degree
if the victim suffers bodily injury; if the victim suffers significant bodily
injury or serious bodily injury it is a crime of the second degree.� Aggravated
assault under paragraph (11) of subsection b. of this section is a crime of the
third degree.� Aggravated assault under paragraph (12) of subsection b. of this
section is a crime of the third degree but the presumption of non-imprisonment
set forth in subsection e. of N.J.S.2C:44-1 for a first offense of a crime of
the third degree shall not apply.� Aggravated assault under paragraph (13) of
subsection b. of this section is a crime of the second degree.�

���� c.� (1)� A person is guilty of
assault by auto or vessel when the person drives a vehicle or vessel recklessly
and causes either serious bodily injury or bodily injury to another.� Assault
by auto or vessel is a crime of the fourth degree if serious bodily injury
results and is a disorderly persons offense if bodily injury results. Proof
that the defendant was operating a hand-held wireless telephone while driving a
motor vehicle in violation of section 1 of P.L.2003, c.310 (C.39:4-97.3) may
give rise to an inference that the defendant was driving recklessly.�

���� (2)�� Assault by auto or
vessel is a crime of the third degree if the person drives the vehicle while in
violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a) and
serious bodily injury results and is a crime of the fourth degree if the person
drives the vehicle while in violation of R.S.39:4-50 or section 2 of P.L.1981,
c.512 (C.39:4-50.4a) and bodily injury results.�

���� (3)�� Assault by auto or
vessel is a crime of the second degree if serious bodily injury results from
the defendant operating the auto or vessel while in violation of R.S.39:4-50 or
section 2 of P.L.1981, c.512 (C.39:4-50.4a) while:

���� (a)�� on any school property
used for school purposes which is owned by or leased to any elementary or
secondary school or school board, or within 1,000 feet of such school property;

���� (b)�� driving through a school
crossing as defined in R.S.39:1-1 if the municipality, by ordinance or
resolution, has designated the school crossing as such; or

���� (c)�� driving through a school
crossing as defined in R.S.39:1-1 knowing that juveniles are present if the
municipality has not designated the school crossing as such by ordinance or
resolution.�

���� Assault by auto or vessel is a
crime of the third degree if bodily injury results from the defendant operating
the auto or vessel in violation of this paragraph.

���� A map or true copy of a map
depicting the location and boundaries of the area on or within 1,000 feet of
any property used for school purposes which is owned by or leased to any
elementary or secondary school or school board produced pursuant to section 1
of P.L.1987, c.101 (C.2C:35-7) may be used in a prosecution under subparagraph
(a) of paragraph (3) of this subsection.

���� It shall be no defense to a
prosecution for a violation of subparagraph (a) or (b) of paragraph (3) of this
subsection that the defendant was unaware that the prohibited conduct took
place while on or within 1,000 feet of any school property or while driving
through a school crossing.� Nor shall it be a defense to a prosecution under
subparagraph (a) or (b) of paragraph (3) of this subsection that no juveniles
were present on the school property or crossing zone at the time of the offense
or that the school was not in session.�

���� (4)�� Assault by auto or
vessel is a crime of the third degree if the person purposely drives a vehicle
in an aggressive manner directed at another vehicle and serious bodily injury
results and is a crime of the fourth degree if the person purposely drives a vehicle
in an aggressive manner directed at another vehicle and bodily injury results.�
For purposes of this paragraph, "driving a vehicle in an aggressive
manner" shall include, but is not limited to, unexpectedly altering the
speed of the vehicle, making improper or erratic traffic lane changes,
disregarding traffic control devices, failing to yield the right of way, or
following another vehicle too closely.

���� As used in this subsection,
"vessel" means a means of conveyance for travel on water and
propelled otherwise than by muscular power.

���� d.��� A person who is employed
by a facility as defined in section 2 of P.L.1977, c.239 (C.52:27G-2) who
commits a simple assault as defined in paragraph (1) or (2) of subsection a. of
this section upon an institutionalized elderly person as defined in section 2
of P.L.1977, c.239 (C.52:27G-2) is guilty of a crime of the fourth degree.

���� e.���� (Deleted by amendment,
P.L.2001, c.443)

���� f.���� A person who commits a
simple assault as defined in paragraph (1), (2), or (3) of subsection a. of
this section in the presence of a child under 16 years of age at a school or
community sponsored youth sports event is guilty of a crime of the fourth degree.�
The defendant shall be strictly liable upon proof that the offense occurred, in
fact, in the presence of a child under 16 years of age.� It shall not be a
defense that the defendant did not know that the child was present or
reasonably believed that the child was 16 years of age or older.� The
provisions of this subsection shall not be construed to create any liability on
the part of a participant in a youth sports event or to abrogate any immunity
or defense available to a participant in a youth sports event.� As used in this
act, "school or community sponsored youth sports event" means a
competition, practice, or instructional event involving one or more
interscholastic sports teams or youth sports teams organized pursuant to a
nonprofit or similar charter or which are member teams in a youth league
organized by or affiliated with a county or municipal recreation department and
shall not include collegiate, semi-professional or professional sporting
events.

(cf: P.L.2025, c.39, s.3)

���� 2. �This act shall take effect
immediately.