23.0584.01000
Sixty-eighth
Legislative Assembly HOUSE BILL NO. 1121
of North Dakota
Introduced by
Representatives Heinert, Ista, Meier, O'Brien, Porter
1 A BILL for an Act to amend and reenact section 12.1-17-01 of the North Dakota Century Code,
2 relating to assault on a health care facility employee; and to provide a penalty.
3 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
4 SECTION 1. AMENDMENT. Section 12.1-17-01 of the North Dakota Century Code is
5 amended and reenacted as follows:
6 12.1-17-01. Simple assault.
7 1. A person is guilty of an offense if that person:
8 a. Willfully causes bodily injury to another human being; or
9 b. Negligently causes bodily injury to another human being by means of a firearm,
10 destructive device, or other weapon, the use of which against a human being is
11 likely to cause death or serious bodily injury.
12 2. The offense is:
13 a. A class C felony whenif the victim is a:
14 (1) A peace officer or correctional institution employee acting in an official
15 capacity, which the actor knows to be a fact; an
16 (2) An employee of the state hospital acting in the course and scope of
17 employment, which the actor knows to be a fact, and the actor is an
18 individual committed to or detained at the state hospital pursuant to chapter
19 25-03.3; a person
20 (3) An individual engaged in a judicial proceeding; or a
21 (4) A member of a municipal or volunteer fire department or emergency medical
22 services personnel unit or emergency department worker in the
23 performance of the member's duties; or
Page No. 1 23.0584.01000
Sixty-eighth
Legislative Assembly
1 (5) An individual employed or contracted by a health care facility, which the
2 actor knows to be a fact, and the assault occurs on the health care facility
3 property. For purposes of this paragraph, "health care facility" means an
4 office or institution providing health care services or treatment of diseases,
5 whether physical, mental, or emotional, or other medical, physiological, or
6 psychological conditions, including a hospital, clinic, ambulatory surgery
7 center, outpatient care facility, weight control clinic, nursing home, basic
8 care or assisted living facility, laboratory, or office of any medical
9 professional licensed or registered under title 43 or any individual included
10 within a specialty or subspecialty of those fields. The term includes a waiting
11 room, hallway, private room, semiprivate room, ward, and any mobile or
12 temporary facility.
13 b. A class B misdemeanor except as provided in subdivision a.
Page No. 2 23.0584.01000
Statutes affected: INTRODUCED: 12.1-17-01