[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2768 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 2768
To protect hospital personnel from violence, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 12, 2023
Mr. Manchin (for himself and Mr. Rubio) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To protect hospital personnel from violence, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safety From Violence for Healthcare
Employees Act'' or the ``SAVE Act''.
SEC. 2. PREVENTION OF VIOLENCE AGAINST HOSPITAL PERSONNEL.
(a) Prohibition on Interference With Hospital Personnel in the
Performance of Duties.--Chapter 7 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 120. Interference with performance of duties of hospital
personnel
``(a) In General.--Whoever knowingly assaults an individual
employed by a hospital engaged in interstate commerce, or an entity
contracting with a hospital or other medical facility engaged in
interstate commerce, during the course of the performance of the duties
of such individual, and, as a result, interferes with the performance
of the duties of such individual or limits the ability of such
individual to perform such duties, shall be fined under this title,
imprisoned for not more than 10 years, or both.
``(b) Enhanced Penalties.--
``(1) Acts involving dangerous weapons or acts that result
in bodily injury.--Whoever, in the commission of any act
described in subsection (a), uses a deadly or dangerous weapon
or inflicts serious bodily injury, shall be fined under this
title, imprisoned for not more than 20 years, or both.
``(2) Acts committed during emergency declarations.--
Whoever commits any act described in subsection (a) during the
period of a declaration of a public emergency for the area in
which the act is committed shall be fined under this title,
imprisoned for not more than 20 years, or both.
``(c) Defense.--It shall be a defense to a prosecution under this
section that--
``(1) the defendant is a person with a physical, mental, or
intellectual disability; and
``(2) the conduct of the defendant was a clear and direct
manifestation of such disability.
``(d) Definitions.--In this section:
``(1) Hospital.--The term `hospital' means any of the
following medical facilities:
``(A) A hospital (as defined in section 1861(e) of
the Social Security Act (42 U.S.C. 1395x(e))).
``(B) A long-term care hospital (as defined in
section 1861(ccc) of such Act (42 U.S.C. 1395x(ccc))).
``(C) A rehabilitation facility (as described in
section 1886(j)(1)(A) of such Act (42 U.S.C.
1395ww(j)(1)(A))).
``(D) A children's hospital (as described in
section 1886(d)(1)(B)(iii) of such Act (42 U.S.C.
1395ww(d)(1)(B)(iii))).
``(E) A cancer hospital (as described in section
1886(d)(1)(B)(v) of such Act (42 U.S.C.
1395ww(d)(1)(B)(v))).
``(F) A critical access hospital (as defined in
section 1861(mm)(1) of such Act (42 U.S.C.
1395x(mm)(1))).
``(G) A rural emergency hospital (as defined in
section 1861(kkk)(2) of such Act (42 U.S.C.
1395x(kkk)(2))).
``(2) Declaration of a public emergency.--The term
`declaration of a public emergency' means an emergency or major
disaster declared by the President pursuant to the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.).''.
(b) Clerical Amendment.--The table of sections for chapter 7 of
title 18, United States Code, is amended by adding at the end the
following:
``120. Interference with performance of duties of hospital
personnel.''.
SEC. 3. GAO STUDY.
The Comptroller General of the United States shall conduct a study
on--
(1) how this Act, and the amendments made by this Act, has
affected workplace violence in healthcare settings; and
(2) whether Federal, State, and local prosecutions for
workplace violence in healthcare settings have increased or
decreased because of the ability to prosecute these incidents
as Federal crimes.
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