GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2007
SESSION LAW 2007-188
HOUSE BILL 554
AN ACT to increase the criminal penalty for assault on a patient in a health care facility or resident of a residential care facility when the conduct evinces a pattern of behavior, is willful or culpably negligent, and causes bodily injury to the patient or resident.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 14-32.2(b) reads as rewritten:
"(b) Unless the conduct is prohibited by some other provision of law providing for greater punishment.
(1) A violation of subsection (a) above is a Class C felony where intentional conduct proximately causes the death of the patient or resident;
(2) A violation of subsection (a) above is a Class E felony where culpably negligent conduct proximately causes the death of the patient or resident;
(3) A violation of
subsection (a) above is a Class F felony where such conduct is willful or
culpably negligent and proximately causes serious bodily injury to the patient
or resident. resident;
(4) A violation of
subsection (a) is a Class A1 misdemeanor Class H felony where
such conduct evinces a pattern of conduct and the conduct is willful or
culpably negligent and proximately causes bodily injury to a patient or
resident."
SECTION 2. This act becomes effective December 1, 2007, and applies to offenses committed on or after that date.
In the General Assembly read three times and ratified this the 28th day of June, 2007.
s/ Beverly E. Perdue
President of the Senate
s/ Joe Hackney
Speaker of the House of Representatives
s/ Michael F. Easley
Governor
Approved 12:05 p.m. this 8th day of July, 2007