First Regular Session
Sixty-first General Assembly
LLS NO. 970086.01 DFH
SENATE BILL 97066
STATE OF COLORADO
BY SENATOR Dennis;
also REPRESENTATIVE Young.
JUDICIARY
A BILL FOR AN ACT
CONCERNING THE SAFETY OF EMERGENCY PERSONNEL.
Bill Summary
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments which may be subsequently
adopted.)
Makes assault by threatening the use of a deadly weapon upon the person of an emergency medical technician, ambulance driver, or member of a rescue unit assault in the first degree, punishable as a class 3 felony. Makes assault where the person committing the assault intentionally causes bodily injury with the intent to prevent an emergency medical technician, ambulance driver, or member of a rescue unit from performing his or her duties assault in the second degree, punishable as a class 4 felony. Makes assault where the person, while lawfully confined in custody, violently applies physical force against an emergency medical technician, ambulance driver, or member of a rescue unit engaged in the performance of his or her duties assault in the second degree, punishable as a class 4 felony.
Makes conforming amendments.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 183201, Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended to read:
183201. Definitions. As used in sections 183201 to 183203, unless the context otherwise requires:
(1) "AMBULANCE DRIVER" MEANS ANY PERSON AUTHORIZED TO DRIVE AN AMBULANCE IN THIS STATE AS PROVIDED IN ARTICLE 3.5 OF TITLE 25, C.R.S., WHETHER OR NOT COMPENSATED.
(2) "EMERGENCY MEDICAL TECHNICIAN" MEANS AN INDIVIDUAL WHO HOLDS A VALID EMERGENCY MEDICAL TECHNICIAN CERTIFICATE ISSUED BY THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT PURSUANT TO ARTICLE 3.5 OF TITLE 25, C.R.S., WHETHER OR NOT COMPENSATED.
(3) "EMERGENCY MEDICAL TECHNICIAN, AMBULANCE DRIVER, OR MEMBER OF A RESCUE UNIT ENGAGED IN THE PERFORMANCE OF HIS OR HER DUTIES" MEANS AN EMERGENCY MEDICAL TECHNICIAN, AMBULANCE DRIVER, OR MEMBER OF A RESCUE UNIT WHO IS ENGAGED OR ACTING IN, OR WHO IS PRESENT FOR THE PURPOSE OF ENGAGING OR ACTING IN, THE PERFORMANCE OF ANY DUTY, SERVICE, OR FUNCTION IMPOSED, AUTHORIZED, REQUIRED, OR PERMITTED BY LAW TO BE PERFORMED BY AN EMERGENCY MEDICAL TECHNICIAN, AMBULANCE DRIVER, OR MEMBER OF A RESCUE UNIT, WHETHER OR NOT THE EMERGENCY MEDICAL TECHNICIAN, AMBULANCE DRIVER, OR MEMBER OF A RESCUE UNIT IS WITHIN THE TERRITORIAL LIMITS OF HIS OR HER JURISDICTION OR IS IN UNIFORM, IF THE PERSON COMMITTING AN ASSAULT UPON OR OFFENSE AGAINST OR OTHERWISE ACTING TOWARD SUCH EMERGENCY MEDICAL TECHNICIAN, AMBULANCE DRIVER, OR MEMBER OF A RESCUE UNIT KNOWS OR REASONABLY SHOULD KNOW THAT THE VICTIM IS AN EMERGENCY MEDICAL TECHNICIAN, AMBULANCE DRIVER, OR MEMBER OF A RESCUE UNIT.
(1) (4) "Fireman"
means an officer or member of a fire department or fire protection
or firefighting agency of the state, or any municipal or
quasimunicipal corporation in this state, whether that person
is a volunteer or receives compensation for services rendered
as such fireman.
(5) "MEMBER OF A RESCUE UNIT" MEANS A PERSON WHO IS A MEMBER OF A RESCUE UNIT, AS DEFINED IN SECTION 253.5103 (11), C.R.S., WHETHER OR NOT COMPENSATED.
(2) (6) "Peace
officer or fireman engaged in the performance of his duties"
means a peace officer or fireman who is engaged or acting in,
or who is present for the purpose of engaging or acting in, the
performance of any duty, service, or function imposed, authorized,
required, or permitted by law to be performed by a peace officer
or fireman, whether or not the peace officer or fireman is within
the territorial limits of his jurisdiction, if the peace officer
or fireman is in uniform, or the person committing an assault
upon or offense against or otherwise acting toward such peace
officer or fireman knows or reasonably should know that the victim
is a peace officer or fireman. For the purposes of this subsection
(2) (6)
and this part 2, the term "peace officer" shall include
county enforcement personnel designated pursuant to section 297101
(3), C.R.S.
SECTION 2. 183202 (1), Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:
183202. Assault in the first degree. (1) A person commits the crime of assault in the first degree if:
(e.7) WITH INTENT TO CAUSE SERIOUS BODILY INJURY UPON THE PERSON OF AN EMERGENCY MEDICAL TECHNICIAN, AMBULANCE DRIVER, OR MEMBER OF A RESCUE UNIT, THE PERSON THREATENS WITH A DEADLY WEAPON AN EMERGENCY MEDICAL TECHNICIAN, AMBULANCE DRIVER, OR MEMBER OF A RESCUE UNIT ENGAGED IN THE PERFORMANCE OF HIS OR HER DUTIES AND THE OFFENDER KNOWS OR REASONABLY SHOULD KNOW THAT THE VICTIM IS AN EMERGENCY MEDICAL TECHNICIAN, AMBULANCE DRIVER, OR MEMBER OF A RESCUE UNIT ACTING IN THE PERFORMANCE OF HIS OR HER DUTIES; OR
SECTION 3. 183203 (1) (c), Colorado Revised Statutes, 1986 Repl. Vol., is amended, and the said 183203 (1) is further amended BY THE ADDITION OF A NEW PARAGRAPH, to read:
183203. Assault in the second degree. (1) A person commits the crime of assault in the second degree if:
(c) With intent to prevent one whom he
THE PERSON knows, or should know, to be a peace officer, or
fireman, EMERGENCY MEDICAL TECHNICIAN, AMBULANCE DRIVER, OR MEMBER
OF A RESCUE UNIT from performing a lawful duty, he
SUCH PERSON intentionally causes bodily injury to any person;
or
(h) WHILE LAWFULLY CONFINED OR IN CUSTODY, THE PERSON VIOLENTLY APPLIES PHYSICAL FORCE AGAINST THE PERSON OF AN EMERGENCY MEDICAL TECHNICIAN, AMBULANCE DRIVER, OR MEMBER OF A RESCUE UNIT ENGAGED IN THE PERFORMANCE OF HIS OR HER DUTIES AND THE PERSON COMMITTING THE OFFENSE KNOWS OR REASONABLY SHOULD KNOW THAT THE VICTIM IS AN EMERGENCY MEDICAL TECHNICIAN, AMBULANCE DRIVER, OR MEMBER OF A RESCUE UNIT ENGAGED IN THE PERFORMANCE OF HIS OR HER DUTIES. A SENTENCE IMPOSED PURSUANT TO THIS PARAGRAPH (h) SHALL BE MANDATORY, AND THE COURT SHALL NOT GRANT PROBATION OR A SUSPENDED SENTENCE, IN WHOLE OR IN PART. SAID SENTENCE SHALL RUN CONSECUTIVELY WITH ANY OTHER SENTENCES BEING SERVED BY THE OFFENDER.
SECTION 4. 181106 (1.5) (b), Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended to read:
181106. Misdemeanors classified
penalties. (1.5) (b) As
used in this section, "peace officer or fireman engaged in
the performance of his duties" means a peace officer as defined
in section 181901 (3) (l) (I) or (3) (l) (II) or a
fireman as defined in section 183201
(1) 183201 (4) who is
engaged or acting in, or who is present for the purpose of engaging
or acting in, the performance of any duty, service, or function
imposed, authorized, required, or permitted by law to be performed
by a peace officer or fireman, whether or not the peace officer
or fireman is within the territorial limits of his jurisdiction,
if the peace officer or fireman is in uniform or the person committing
an assault upon or offense against or otherwise acting toward
such peace officer or fireman knows or reasonably should know
that the victim is a peace officer or fireman or if the peace
officer or fireman is intentionally assaulted in retaliation for
the performance of his official duties.
SECTION 5. 183107 (2), Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended to read:
183107. First degree murder of a
peace officer or fireman legislative declaration.
(2) As used in this section, "peace officer or
fireman engaged in the performance of his duties" means a
peace officer, as defined in section 181901 (3) (l)
(I) or (3) (l) (II), or a fireman, as defined in section 183201
(1), 183201 (4), who
is engaged or acting in, or who is present for the purpose of
engaging or acting in, the performance of any duty, service, or
function imposed, authorized, required, or permitted by law to
be performed by a peace officer or fireman, whether or not the
peace officer or fireman is within the territorial limits of his
jurisdiction, if the peace officer or fireman is in uniform or
the person committing an assault upon or offense against or otherwise
acting toward such peace officer or fireman knows or reasonably
should know that the victim is a peace officer or fireman.
SECTION 6. 193304 (2) (v), Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended to read:
193304. Persons required to report child abuse or neglect. (2) Persons required to report such abuse or neglect or circumstances or conditions shall include any:
(v) Fireman as defined in section 183201
(1), 183201 (4), C.R.S.;
SECTION 7. 297101 (3) (b) (II), Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended to read:
297101. City or county may own and operate. (3) (b) Personnel designated pursuant to this subsection (3):
(II) Shall be included within the definition
of "peace officer or fireman engaged in the performance of
his duties" found in section 183201
(2), 183201 (6), C.R.S.;
and
SECTION 8. 3015105, Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended to read:
3015105. Animal control officers
peace officer designation. Personnel
engaged in animal control, however titled or administratively
assigned, may issue citations or summonses and complaints enforcing
the county dog control resolution or any other county resolution
concerning the control of pet animals or municipal ordinance without
regard to the certification requirements of part 3 of article
31 of title 24, C.R.S. Personnel so engaged shall be included
within the definition of "peace officer or fireman engaged
in the performance of his duties" in section 183201
(2), 183201 (6), C.R.S.
Nothing in this part 1 is intended to vest authority in any person
so engaged to enforce any resolution, ordinance, or statute other
than the county dog control resolution or any other county resolution
concerning the control of pet animals or municipal ordinance.
SECTION 9. Effective date applicability. This act shall take effect July 1, 1997, and shall apply to offenses committed on or after said date.
SECTION 10. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.