118 S2768 IS: Safety From Violence for Healthcare Employees Act U.S. Senate 2023-09-12 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II118th CONGRESS1st SessionS. 2768IN THE SENATE OF THE UNITED STATESSeptember 12, 2023Mr. Manchin (for himself and Mr. Rubio) introduced the following bill; which was read twice and referred to the Committee on the JudiciaryA BILLTo protect hospital personnel from violence, and for other purposes.

1.

Short title

This Act may be cited as the Safety From Violence for Healthcare Employees Act or the SAVE Act.

2.

Prevention of violence against hospital personnel

(a)

Prohibition on interference with hospital personnel in the performance of duties

Chapter 7 of title 18, United States Code, is amended by adding at the end the following:

120.

Interference with performance of duties of hospital personnel

(a)

In general

Whoever knowingly assaults an individual employed by a hospital engaged in interstate commerce, or an entity contracting with a hospital or other medical facility engaged in interstate commerce, during the course of the performance of the duties of such individual, and, as a result, interferes with the performance of the duties of such individual or limits the ability of such individual to perform such duties, shall be fined under this title, imprisoned for not more than 10 years, or both. (b)

Enhanced penalties

(1)

Acts involving dangerous weapons or acts that result in bodily injury

Whoever, in the commission of any act described in subsection (a), uses a deadly or dangerous weapon or inflicts serious bodily injury, shall be fined under this title, imprisoned for not more than 20 years, or both.(2)

Acts committed during emergency declarations

Whoever commits any act described in subsection (a) during the period of a declaration of a public emergency for the area in which the act is committed shall be fined under this title, imprisoned for not more than 20 years, or both. (c)

Defense

It shall be a defense to a prosecution under this section that—(1)the defendant is a person with a physical, mental, or intellectual disability; and(2)the conduct of the defendant was a clear and direct manifestation of such disability.(d)

Definitions

In this section:(1)

Hospital

The term hospital means any of the following medical facilities:(A)A hospital (as defined in section 1861(e) of the Social Security Act (42 U.S.C. 1395x(e))).(B)A long-term care hospital (as defined in section 1861(ccc) of such Act (42 U.S.C. 1395x(ccc))).(C)A rehabilitation facility (as described in section 1886(j)(1)(A) of such Act (42 U.S.C. 1395ww(j)(1)(A))).(D)A children's hospital (as described in section 1886(d)(1)(B)(iii) of such Act (42 U.S.C. 1395ww(d)(1)(B)(iii))).(E)A cancer hospital (as described in section 1886(d)(1)(B)(v) of such Act (42 U.S.C. 1395ww(d)(1)(B)(v))).(F)A critical access hospital (as defined in section 1861(mm)(1) of such Act (42 U.S.C. 1395x(mm)(1))).(G)A rural emergency hospital (as defined in section 1861(kkk)(2) of such Act (42 U.S.C. 1395x(kkk)(2))).(2)

Declaration of a public emergency

The term declaration of a public emergency means an emergency or major disaster declared by the President pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).

.(b)

Clerical amendment

The table of sections for chapter 7 of title 18, United States Code, is amended by adding at the end the following:120. Interference with performance of duties of hospital personnel..

3.

GAO study

The Comptroller General of the United States shall conduct a study on—(1)how this Act, and the amendments made by this Act, has affected workplace violence in healthcare settings; and(2)whether Federal, State, and local prosecutions for workplace violence in healthcare settings have increased or decreased because of the ability to prosecute these incidents as Federal crimes.