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AN ACT

RELATING TO CRIMINAL PENALTIES; ADDING A PENALTY FOR ASSAULT

OR BATTERY ON A HEALTH CARE WORKER.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. A new Section 30-3-9.2 NMSA 1978 is enacted

to read:

"30-3-9.2. ASSAULT--BATTERY--HEALTH CARE PERSONNEL.--

A. As used in this section:

(1) "health facility" means a public or

private hospital, outpatient facility, diagnostic and

treatment center, rehabilitation center or infirmary. "Health

facility" also includes those facilities that, by federal

regulation, must be licensed by the state to obtain or

maintain full or partial, permanent or temporary federal

funding, but "health facility" does not include a skilled

nursing facility, a nursing facility or other long-term

residential care facility;

(2) "health care worker" means an employee

of a health facility or a licensed emergency medical

technician; and

(3) "in the lawful discharge of the health

care worker's duties" means engaged in the performance of the

duties of a health care worker.

B. Assault upon a health care worker consists of:

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(1) an attempt to commit a battery upon the

person of a health care worker who is in the lawful discharge

of the health care worker's duties; or

(2) any unlawful act, threat or menacing

conduct that causes a health care worker who is in the lawful

discharge of the health care worker's duties to reasonably

believe that the health care worker is in danger of receiving

an immediate battery.

Whoever commits assault upon a health care worker is

guilty of a misdemeanor.

C. Aggravated assault upon a health care worker

consists of:

(1) unlawfully assaulting or striking at a

health care worker with a weapon while the health care worker

is in the lawful discharge of the health care worker's duties;

or

(2) willfully and intentionally assaulting a

health care worker who is in the lawful discharge of the

health care worker's duties with intent to commit any felony.

Whoever commits aggravated assault upon a health care

worker is guilty of a third degree felony.

D. Assault with intent to commit a violent felony

upon a health care worker consists of assaulting a health care

worker who is in the lawful discharge of the health care

worker's duties with intent to kill the health care worker.

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Whoever commits assault with intent to commit a violent

felony upon a health care worker is guilty of a second degree

felony.

E. Battery upon a health care worker is the

unlawful, intentional touching or application of force to the

person of a health care worker who is in the lawful discharge

of the health care worker's duties, when done in a rude,

insolent or angry manner.

Whoever commits battery upon a health care worker is

guilty of a fourth degree felony.

F. Aggravated battery upon a health care worker

consists of the unlawful touching or application of force to

the person of a health care worker with intent to injure that

health care worker while the health care worker is in the

lawful discharge of the health care worker's duties.

Whoever commits aggravated battery upon a health care

worker, inflicting an injury to the health care worker that is

not likely to cause death or great bodily harm but does cause

painful temporary disfigurement or temporary loss or

impairment of the functions of any member or organ of the

body, is guilty of a fourth degree felony.

Whoever commits aggravated battery upon a health care

worker, inflicting great bodily harm or does so with a deadly

weapon or in any manner whereby great bodily harm or death can

be inflicted, is guilty of a third degree felony.

G. A person who assists or is assisted by one or

more other persons to commit a battery upon a health care

worker who is in the lawful discharge of the health care

worker's duties is guilty of a fourth degree felony." HB 743

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