21.0918.02000
Sixty-seventh
Legislative Assembly SENATE BILL NO. 2268
of North Dakota
Introduced by
Senators K. Roers, Dever
Representatives Heinert, J. Nelson, Westlind
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 provider; 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 when:
14 (1) When the victim is a peace officer or correctional institution employee acting
15 in an official capacity, which the actor knows to be a fact; an employee of
16 the state hospital acting in the course and scope of employment, which the
17 actor knows to be a fact, and the actor is an individual committed to or
18 detained at the state hospital pursuant to chapter 25-03.3; a personan
19 individual engaged in a judicial proceeding; or a member of a municipal or
20 volunteer fire department or emergency medical services personnel unit or
21 emergency department worker in the performance of the member's duties.;
22 or
23 (2) If the victim is employed or contracted by a health care facility, which the
24 actor knows to be a fact, and the assault occurs on the health care facility
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 Sixty-seventh
Legislative Assembly
1 property. For purposes of this section "health care facility" means an office
2 or institution providing health care services or treatment of diseases,
3 whether physical, mental, or emotional, or other medical, physiological, or
4 psychological conditions, including a hospital, clinic, ambulatory surgery
5 center, outpatient care facility, weight control clinic, nursing home, basic
6 care or assisted living facility, laboratory, or office of any medical
7 professional licensed or registered under title 43 or any individual included
8 within a specialty and subspecialty of those fields. The term includes a
9 waiting room, hallway, private room, semiprivate room, ward, and any
10 mobile or temporary facility.
11 b. A class B misdemeanor except as provided in subdivision a.
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Statutes affected:
INTRODUCED: 12.1-17-01