H. B. 2482

                        (By Delegates P. Smith, Lynch and Frich)

                        [Introduced January 28, 2015; referred to the

                        Committee on Health and Human Resources then the Judiciary.]

A BILL to amend and reenact §61-2-10b of the Code of West Virginia, 1931, as amended, relating to aggressive and violent behavior that is otherwise criminal activity of persons committed to state hospitals; authorizing immediate discharge and transportation to a regional jail.

Be it enacted by the Legislature of West Virginia:

            That §61-2-10b of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 2. CRIMES AGAINST THE PERSON.

§61-2-10b. Malicious assault; unlawful assault; battery; and assault on governmental representatives, health care providers, and emergency medical service personnel; definitions; penalties.

            (a) For purposes of this section:

            (1) “Government representative” means any an officer or employee of the state, or a political subdivision thereof, or a person under contract with a state agency or political subdivision.

            (2) “Health care worker” means any a nurse, nurse practitioner, physician, physician assistant or technician practicing at, and all persons employed by or under contract to a hospital, county or district health department, long-term care facility, physician’s office, clinic or outpatient treatment facility.

            (3) “Emergency service personnel" means any a paid or volunteer firefighter, emergency medical technician, paramedic or other emergency services personnel employed by or under contract with an emergency medical service provider or a state agency or political subdivision thereof.

            (b) Malicious assault. Any A person who maliciously shoots, stabs, cuts or wounds or by any means causes bodily injury with intent to maim, disfigure, disable or kill a government representative, health care worker or emergency service personnel acting in his or her official capacity and the person committing the malicious assault knows or has reason to know that the victim is acting in his or her official capacity, is guilty of a felony and, upon conviction thereof, shall be confined in a state correctional facility for not less than three nor more than fifteen years.

            (c) Unlawful assault. Any A person who unlawfully but not maliciously shoots, stabs, cuts or wounds or by any means causes a government representative, health care worker or emergency service personnel acting in his or her official capacity bodily injury with intent to maim, disfigure, disable or kill him or her and the person committing the unlawful assault knows or has reason to know that the victim is acting in his or her official capacity, is guilty of a felony and, upon conviction thereof, shall be confined in a state correctional facility for not less than two nor more than five years.

            (d) Battery. Any A person who unlawfully, knowingly and intentionally makes physical contact of an insulting or provoking nature with a government representative, health care worker or emergency service personnel acting in his or her official capacity, or unlawfully and intentionally causes physical harm to that person acting in such capacity, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $500 or confined in jail not less than one month nor more than twelve months or both fined and confined. If any a person commits a second such offense, he or she is guilty of a felony and, upon conviction thereof, shall be fined not more than $1,000 or imprisoned in a state correctional facility not less than one year nor more than three years, or both fined and imprisoned. Any A person who commits a third violation of this subsection is guilty of a felony and, upon conviction thereof, shall be fined not more than $2,000 or imprisoned in a state correctional facility not less than two years nor more than five years, or both fined and imprisoned.

            (e) Assault. Any A person who unlawfully attempts to commit a violent injury to the person of a government representative, health care worker or emergency service personnel acting in his or her official capacity or unlawfully commits an act which places that person acting in his or her official capacity in reasonable apprehension of immediately receiving a violent injury, is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not less than twenty-four hours nor more than six months, fined not more than $200, or both fined and confined.

            (f) Mental Health Patient. A person who commits a felony or misdemeanor as defined in this section while a patient in a mental health facility shall be immediately discharged from that facility without further action by the court that committed him or her to the facility and be transported to the custody of the regional jail serving the area in which the offense was committed.

            NOTE: The purpose of this bill is to authorize the transfer of a person committed to a state facility to a regional jail following the commission of an unlawful act as defined in this section.

            Strike-throughs indicate language that would be stricken from the present law and underscoring indicates new language that would be added.