HB 2618

Present law provides that a person commits assault against a law enforcement officer, first responder, or nurse, who is discharging or attempting to discharge the law enforcement officer's, first responder's, or nurse's official duties, who does either of the following:  Knowingly causes bodily injury to a law enforcement officer, first responder, or nurse .  Knowingly causes physical contact with a law enforcement officer, first responder, or nurse and a reasonable person would regard the contact as extremely offensive or provocative, including, but not limited to, spitting, throwing, or otherwise transferring bodily fluids, bodily pathogens, or human waste onto the person of a law enforcement officer, first responder, or nurse. Under present law, a ssault against a law enforcement officer as described above is a Class E felony, and must be punished by a mandatory fine of $10,000 and a mandatory minimum sentence of 60 days incarceration. The defendant is not eligible for release from confinement until the defendant has served the entire 60 -day mandatory minimum sentence. Further, a ssault against a first responder or nurse is a Class A misdemeanor, and must be punished by a mandatory fine of $5,000 and a mandatory minimum sentence of 30 days incarceration. The defendant is not eligible for release from confinement until the defendant has served the entire 30 -day mandatory minimum sentence. This bill revises the provisions above concerning the offense classification and penalty for assaulting a first responder to match the offense classification and penalty given under present law for assaulting a law enforcement officer. As used in this b ill, a "first responder"" means a firefighter, emergency services personnel, or other person who responds to calls for emergency assistance from a 911 call ."