South Carolina S 346: Assault and battery
Status: Committee Amendment Adopted (as of 2025-04-30)
State: South Carolina · Session: 2025-2026 · Bill: S 346
Sponsors: Alexander, Garrett, Graham, Turner, Walker, Young, Zell
Bill Text
2025-2026 Bill 346 Text of Previous Version (Apr. 30, 2025) - South Carolina Legislature Online South Carolina General Assembly 126th Session, 2025-2026 Bill 346 Indicates Matter Stricken Indicates New Matter (Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.) Indicates Matter Stricken Indicates New Matter Committee Amendment Adopted April 30, 2025 S. 346 Introduced by Senators Alexander, Graham and Turner S. Printed 4/30/25--S. Read the first time February 13, 2025 ________ A bill TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 16-3-600, RELATING TO ASSAULT AND BATTERY, SO AS TO PROVIDE THAT A PERSON WHO UNLAWFULLY INJURES A HEALTHCARE PROFESSIONAL DURING THE COURSE OF HIS DUTIES OR INJURES A PERSON IN A HEALTHCARE FACILITY COMMITS THE OFFENSE OF ASSAULT AND BATTERY OF A HIGH AND AGGRAVATED NATURE, AND TO PROVIDE PENALTIES. Amend Title To Conform Be it enacted by the General Assembly of the State of South Carolina: SECTION 1. Chapter 3, Title 16 of the S.C. Code is amended by adding: Section 16-3-605. (A) For purposes of this section: (1) "Great bodily injury" means bodily injury which causes a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of a bodily member or organ. (2) "Healthcare facility" has the same meaning as in Section 44-7-130(15) and includes a physician's office. (3) "Healthcare professional" means a physician, a physician's assistant, a registered nurse, a licensed practical nurse, an emergency medical service provider, a firefighter, an emergency room physician, an emergency room nurse, a dentist, or an allied health professional. (4) "Moderate bodily injury" means physical injury that involves prolonged loss of consciousness, or that causes temporary or moderate disfigurement or temporary loss of the function of a bodily member or organ, or injury that requires medical treatment when the treatment requires the use of regional or general anesthesia, or injury that results in a fracture or dislocation. Moderate bodily injury does not include one-time treatment and subsequent observation of scratches, cuts, abrasions, bruises, burns, splinters, or any other minor injuries that do not ordinarily require extensive medical care. (5) "Private parts" means the genital area or buttocks of a male or female or the breasts of a female. (B)(1) A person commits the offense of assault and battery of a high and aggravated nature against a healthcare professional engaged in the performance of his official duties or assault and battery of a high and aggravated nature in a healthcare facility, if the person unlawfully injures a healthcare professional or unlawfully injures a person in a healthcare facility, and: (a) great bodily injury to the other person results; or (b) the act is accomplished by means likely to produce death or great bodily injury. (2) A person who violates this subsection is guilty of the felony offense of assault and battery of a high and aggravated nature against a healthcare professional or the felony offense of assault and battery of a high and aggravated nature in a healthcare facility and, upon conviction, must be imprisoned for not more than thirty years. (C)(1) A person commits the offense of assault and battery in the first degree against a healthcare professional engaged in the performance of his official duties or assault and battery in the first degree in a healthcare facility, if the person: (a) unlawfully injures a healthcare professional or a person in a healthcare facility, and the act: (i) involves nonconsensual touching of the private parts of a person, either under or above clothing, with lewd and lascivious intent; or (ii) occurred during the commission of a robbery, burglary, kidnapping, or theft; or (b) offers or attempts to injure a healthcare professional or a person in a healthcare facility with the present ability to do so, and the act: (i) is accomplished by means likely to produce death or great bodily injury; or (ii) occurred during the commission of a robbery, burglary, kidnapping, or theft. (2) A person who violates this subsection is guilty of the felony offense of assault and battery in the first degree against a healthcare professional engaged in the performance of his official duties or the felony offense of assault and battery in the first degree in a healthcare facility and, upon conviction, must be imprisoned for not more than twenty years. Assault and battery in the first degree against a healthcare professional or in a healthcare facility are lesser included offenses of assault and battery of a high and aggravated nature against a healthcare professional or in a healthcare facility, as defined in subsection (B)(1). (D)(1) A person commits the offense of assault and battery in the second degree agai
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