Protection of health care providers.

24LSO-0427
2024
STATE OF WYOMING
24LSO-0427
Numbered
2.0

HOUSE BILL NO. HB0108

Protection of health care providers.

Sponsored by: Representative(s) Zwonitzer, Dn, Brown, Chadwick, Clouston, Newsome and O'Hearn and Senator(s) Baldwin, Brennan, Nethercott and Schuler

A BILL

for

AN ACT relating to crimes and offenses; creating the offenses of assault, threat of violence and battery against health care providers; specifying penalties; providing definitions; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 6
‑
2
‑
512 is created to read:

6
‑
2
‑
512.

Assault and threats of violence against health care providers; battery against health care providers; penalties.

(a)

As used in this section:

(i)

"Assault" means an offense under W.S. 6
‑
2
‑
501(a);

(ii)

"Battery" means an offense under W.S. 6
‑
2
‑
501(b);

(iii)

"Health care provider" means as defined in W.S. 7
‑
13
‑
1501(m)(iv);

(iv)

"Threat of violence" means an express or implied threat where the person:

(A)

Threatens to commit an offense involving bodily injury, death or property damage of one thousand dollars ($1,000.00) or more and acts with intent to cause property damage of one thousand dollars ($1,000.00) or more or acts with intent to place another person in fear of imminent bodily injury, serious bodily injury or death; or

(B)

Makes a threat, accompanied by a show of immediate force or violence, to do bodily injury to another person.

(b)

A person is guilty of assault against a health care provider if the person:

(i)

Commits an assault against a health care provider;

(ii)

Knows or reasonably should know that the person is a health care provider at the time of the assault; and

(iii)

The health care provider was performing duties within the scope of their authority or employment as a health care provider at the time of the assault.

(c)

A person is guilty of a threat of violence against a health care provider if the person:

(i)

Makes a threat of violence against a health care provider;

(ii)

Knows or reasonably should know that the person is a health care provider at the time of the threat of violence; and

(iii)

The health care provider was performing duties within the scope of their authority or employment as a health care provider at the time of the threat of violence.

(d)

A person is guilty of battery against a health care provider if the person:

(i)

Commits a battery against a health care provider;

(ii)

Knows or reasonably should know that the person is a health care provider at the time of the battery; and

(iii)

The health care provider was performing duties within the scope of their authority or employment as a health care provider at the time of the battery.

(e)

A person who violates subsections (b), (c) or (d) of this section is:

(i)

For a first offense, guilty of a misdemeanor punishable by imprisonment for not less than two (2) days and not more than six (6) months, a fine not to exceed one thousand dollars ($1,000.00), or both;

(ii)

For a second or subsequent offense, guilty of a felony punishable by imprisonment for not less than forty
‑
five (45) days and not more than three (3) years, a fine not to exceed one thousand dollars ($1,000.00), or both.

Section 2
.

This act is effective July 1, 2024.

(END)

1
HB0108