APPROVED CHAPTER
JULY 27, 2023 455
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-THREE
_____
S.P. 453 - L.D. 1119
An Act to Clarify the Criminal Statutes with Regard to Assaults on
Emergency Medical Services Persons
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 17-A MRSA §752-C, as amended by PL 2015, c. 471, §1, is further amended
to read:
§752-C. Assault on an emergency medical care provider services person
1. A person is guilty of assault on an emergency medical care provider services person
if that person intentionally, knowingly or recklessly causes bodily injury to an emergency
medical care provider a person licensed pursuant to Title 32, chapter 2-B while the
emergency medical care provider that licensee is providing emergency medical care
regardless of the location where the emergency medical care is provided.
2. As used in this section, "emergency medical care provider" includes hospital
personnel assisting in an emergency and emergency medical services persons, defined in
Title 32, section 83, subsection 12, but does not include a firefighter as defined in section
752‑E, subsection 2.
3. Assault on an emergency medical care provider services person is a Class C crime.
Sec. 2. 17-A MRSA §752-F is enacted to read:
§752-F. Assault in an emergency room
1. A person is guilty of assault in an emergency room if that person intentionally,
knowingly or recklessly causes bodily injury to a person employed or contracted by a
hospital licensed under Title 22, chapter 405 if the injury occurs in the hospital's designated
emergency room.
2. Assault in an emergency room is a Class C crime.
Sec. 3. 17-A MRSA §1604, sub-§5, ¶B, as enacted by PL 2019, c. 113, Pt. A, §2,
is amended to read:
B. If the State pleads and proves that, at the time any crime, excluding murder, under
chapter 9, 11, 12, 13, 27 or 35, excluding section 853‑A; section 402‑A, subsection 1,
Page 1 - 131LR0717(04)
 paragraph A; or section 752‑A or, 752‑C or 752-F was committed, or an attempt of any
such crime was committed, the individual had 2 or more prior convictions under
chapter 9, 11, 12, 13, 27 or 35, excluding section 853‑A; section 402‑A, subsection 1,
paragraph A; or section 752‑A or, 752‑C or 752-F, or for an attempt of any such crime,
or for engaging in substantially similar conduct in another jurisdiction, the sentencing
class for the crime is one class higher than it would otherwise be.
(1) In the case of a Class A crime, the sentencing class is not elevated, but the prior
record must be assigned special weight by the court when imposing a sentence.
(2) Section 9‑A governs the use of prior convictions when determining a sentence,
except that, for the purposes of this paragraph, for violations under chapter 11, the
dates of prior convictions may have occurred at any time.
This paragraph does not apply to section 210‑A if the prior convictions have already
served to elevate the sentencing class under section 210‑A, subsection 1, paragraph C
or E or any other offense in which prior convictions have already served to elevate the
sentencing class.
This paragraph does not apply to murder under section 201 or to section 853-A.
Sec. 4. 22 MRSA §832-A, sub-§1, ¶C, as enacted by PL 2017, c. 292, §1, is
amended to read:
C. "Emergency medical care provider" has the same meaning as in Title 17‑A, section
752‑C, subsection 2 includes hospital personnel assisting in an emergency and
emergency medical services persons, defined in Title 32, section 83, subsection 12, but
does not include a firefighter.
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Statutes affected:
Bill Text LD 1119, SP 453: 17-A.752, 17-A.1604, 22.832
Bill Text ACTPUB , Chapter 455: 17-A.752, 17-A.1604, 22.832