Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 32 First Substitute (2022GS)

Sponsor

Rep. Spendlove, R.

Final action

Governor Signed 3/22/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• enacts enhanced penalties for assault or threat of violence against an owner, employee, or contractor of a health facility; and
• creates an automatic sunset date for the provisions in this bill.

Every vote on this bill

Bill text

HEALTH CARE WORKER PROTECTION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Robert M. Spendlove
Senate Sponsor: 
____________
LONG TITLE
Committee Note:
The Health and Human Services Interim Committee recommended this bill.
Legislative Vote: 14 voting for 0 voting against 4 absent
General Description:
This bill enacts provisions relating to the assault of an owner, employee, or contractor
of a health facility.
Highlighted Provisions:
This bill:
▸ enacts enhanced penalties for assault or threat of violence against an owner,
employee, or contractor of a health facility; and
▸ creates an automatic sunset date for the provisions in this bill.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
63I-2-276
, as last amended by Laws of Utah 2019, Chapter 124
76-5-102.7
, as last amended by Laws of Utah 2017, Chapters 123 and 326
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
63I-2-276
 is amended to read:
63I-2-276.
Repeal dates -- Title 76.
(1) Subsection 
76-5-102.7
(1)(b), regarding assault or threat of violence against an
owner, employee, or contractor of a health facility, is repealed January 1, 2027.
[
(1)
] 
(2)
 If Section 
76-7-302.4
 is not in effect before January 1, 2029, Section
76-7-302.4
 is repealed January 1, 2029.
[
(2)
] 
(3)
 Section 
76-7-305.7
 is repealed January 1, 2023.
Section 2. Section 
76-5-102.7
 is amended to read:
76-5-102.7.
Assault against health care provider and emergency medical service
worker -- Penalty.
(1) 
(a)
 A person who commits an assault or threat of violence against a health care
provider or emergency medical service worker is guilty of a class A misdemeanor if:
[
(a)
] 
(i)
 the person is not a prisoner or a person detained under Section 
77-7-15
;
[
(b)
] 
(ii)
 the person knew that the victim was a health care provider or emergency
medical service worker; and
[
(c)
] 
(iii)
 the health care provider or emergency medical service worker was performing
emergency or life saving duties within the scope of his or her authority at the time of the
assault.
(b) A person who commits an assault or threat of violence against an owner, employee,
or contractor of a health facility is guilty of a class A misdemeanor if:
(i) the person is not a prisoner or a person detained under Section 
77-7-15
;
(ii) the person knew that the victim was an owner, employee, or contractor of a health
facility; and
(iii) the owner, employee, or contractor of a health facility was acting within the scope
of his or her duties for the health facility.
(2) A person who violates Subsection (1) is guilty of a [
third degree
] 
third-degree
felony if the person:
(a) causes substantial bodily injury, as defined in Section 
76-1-601
; and
(b) acts intentionally or knowingly.
(3) As used in this section:
(a) "Assault" means the same as that term is defined in Section 
76-5-102
.
(b) "Emergency medical service worker" means a person licensed under Section
26-8a-302
.
(c) "Health care provider" means the same as that term is defined in Section
78B-3-403
.
(d) "Health facility" means:
(i) a health care facility as defined in Section 
26-21-2
; and
(ii) the office of a private health care provider, whether for individual or group
practice.
[
(d)
] 
(e)
 "Threat of violence" means the same as that term is defined in Section
76-5-107
.