119-s1600

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1600 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 1600

 To protect hospital personnel from violence, and for other purposes.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 May 5, 2025

 Mrs. Hyde-Smith (for herself and Mr. King) introduced the following 
 bill; which was read twice and referred to the Committee on the 
 Judiciary

_______________________________________________________________________

 A BILL

 To protect hospital personnel from violence, and for other purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Save Healthcare Workers Act''.

SEC. 2. PREVENTION OF VIOLENCE AGAINST HOSPITAL PERSONNEL.

    (a) Prohibition on Assault of Hospital Personnel in the Performance 
of Duties.--Chapter 7 of title 18, United States Code, is amended by 
adding at the end the following:
``

Sec. 120. Assault 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, on the grounds of a hospital while the individual 
is engaged in or on account of duties at the hospital 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 firearm or dangerous weapon 
 or inflicts serious bodily injury, shall, in addition to the 
 penalties provided for in that subsection, 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) Affirmative Defense.--
 ``

    (1) In general.--It shall be an affirmative defense to a 
 prosecution under this section that--
 ``
        (A) the defendant is a person with a physical, 
 mental, or intellectual disability;
 ``
        (B) the conduct of the defendant was a clear and 
 direct manifestation of such disability; and
 ``
            (C) the defendant, as a result of such 
 disability, was unable to appreciate the nature and 
 quality or wrongfulness of such conduct.
 ``

    (2) Burden of proof.--The defendant has the burden of 
 proving the defense under this subsection by a preponderance of 
 the evidence.
 ``
            (d) === Definitions. ===
-In this section:
 ``

    (1) Dangerous weapon.--The term `dangerous weapon' means 
 a weapon, device, instrument, material, or substance, animate 
 or inanimate, that is used for, or is readily capable of, 
 causing death or serious bodily injury.
 ``

    (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.).
 ``

    (3) Disability.--The term `disability' means a disability 
 described in 

section 3

    (1)
        (A) of the Americans with Disabilities 
 Act of 1990 (42 U.S.C. 12102

    (1)
        (A) ).
 ``

    (4) Grounds of a hospital.--The term `grounds of a 
 hospital' means the hospital buildings and the land used for 
 the purposes of the hospital, including all buildings, roads, 
 paths, and open spaces.
 ``

    (5) 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) )).
 ``

    (6) Serious bodily injury.--The term `serious bodily 
 injury' has the meaning given the term in section as the 
 meaning given the term in 

section 1365

    (h) .''.

    (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. Assault of hospital personnel.''.

SEC. 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, Tribal, and local prosecutions 
 for workplace violence in healthcare settings have increased or 
 decreased because of the ability to prosecute these incidents 
 as Federal crimes.
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