Bill > S3778

Introduced Session

This bill exempts simple assault committed against a health care worker at a psychiatric screening center from being automatically upgraded to aggravated assault, where the actor is a person at a psychiatric screening center for the purpose of undergoing psychiatric screening. Currently, under paragraph (5) of N.J.S.2C:12-1 a simple assault on a health care worker employed by a licensed health care facility to provide direct patient care, or any licensed health care professional, is automatically elevated to an aggravated assault, except where the health care worker is a direct care worker at a State or county psychiatric hospital or other specifically enumerated facilities. In the latter instance, the assault remains a simple assault. Not all psychiatric screenings occur at a State or county psychiatric hospital or other facility specifically enumerated in the statute. Many occur at local screening facilities not specifically enumerated in the statute. The net effect is that an assault that occurs at a screening facility that is not a "State or county hospital" or other type of specific facility could be automatically upgraded to an aggravated assault. It is the sponsors' view that this elevation of assault for psychiatric patients in a psychiatric screening center is counterproductive for patients. Many psychiatrically involved persons in local screening centers have waited hours and are likely to be agitated and combative. This bill adds health care workers at any psychiatric screening center to the category of persons for whom an assault is not automatically elevated to aggravated assault. The bill maintains the category of direct care workers for whom an assault is elevated to aggravated assault provided that the actor is not a person at a psychiatric screening center for the purpose of undergoing psychiatric screening.

Committee Categories

Tony Bucco (R)*, 

Introduced in the Senate, Referred to Senate Judiciary Committee (on 10/10/2024)

Official Document