SF4732

Purpose

To expand the scope of the fourth-degree assault statute to better protect frontline workers and healthcare professionals by making assaults against certain emergency responders and health care workers more clearly punishable and by specifying when a harsher penalty applies.

Main provisions

• Amends Minnesota Statutes 2025 Supplement section 609.2231 subdivision 2 to apply to:
  • a member of a municipal or volunteer fire department while performing duties, or
  • a member of an emergency medical services (EMS) personnel unit while performing duties, or
  • a physician, nurse, or other person providing health care services working in a hospital emergency department.
• Offense level:
  • With these individuals, a physical assault is a gross misdemeanor, unless otherwise provided in paragraph b.
  • Paragraph b creates a felony if the assault inflicts demonstrable bodily harm.
• Threshold for felony:
  • If demonstrable bodily harm is inflicted, the offender may be sentenced to up to three years in prison or a fine of up to $6,000, or both.

Significant changes to existing law

• Broadens protection under the fourth-degree assault statute to include frontline firefighters and EMS personnel, as well as hospital-based health care workers (physicians, nurses, and others in the emergency department) when assaulted in the line of duty.
• Introduces a two-tier penalty structure:
  • Base offense remains a gross misdemeanor for assaults on these groups.
  • A felony is triggered specifically when the assault causes demonstrable bodily harm, with stricter penalties.
• Clarifies that the protections apply “in the performance of duties,” tying the offense to the time and context of official work.

Penalties and enforcement

• Gross misdemeanor penalty for assault against the protected individuals when not meeting the demonstrable bodily harm threshold.
• Felony penalty (up to 3 years imprisonment or up to $6,000 fine, or both) if demonstrable bodily harm is inflicted.

Effective date (note)

• Not specified in the provided text.

Relevant Terms - gross misdemeanor - felony - demonstrable bodily harm - firefighters - emergency medical services (EMS) personnel - hospital emergency department - physician - nurse - health care services - Minnesota Statutes 609.2231, subdivision 2 - in the performance of duties