It is enacted by the General Assembly as follows:
SECTION 1. Sections 11-5-10.1 and 11-5-10.4 of the General Laws in Chapter 11-5 entitled "ASSAULTS" are hereby amended to read as follows:
11-5-10.1. Assault on persons 60 years of
age or older causing serious bodily injury. -- (a) Any
person who shall commit an assault or battery or both upon a person
sixty (60) years of age or older, causing serious bodily injury,
shall be deemed to have committed a felony and shall be imprisoned
for not less than three (3) years but not more than twenty (20)
years or fined not more than ten thousand dollars ($10,000), or
both. Every person so convicted shall be ordered to make restitution
to the victim of such offense or to perform up to five hundred
(500) hours of public community service work or {DEL both DEL}
{ADD attend violence counseling and/or substance abuse counseling, ADD}
or any combination thereof imposed by the sentencing judge. The
court may not waive the obligation to make restitution and/or
public community service work. Such restitution and/or public
community service shall be in addition to any fine or sentence
which may be imposed and not in lieu thereof.
(b) "Serious bodily injury" means physical injury that:
(1) creates a substantial risk of death, or
(2) causes protracted loss or impairment of the function of any bodily part, member or organ, or (3) causes serious permanent disfigurement.
11-5-10.4. Assault on persons 60 years of
age or older causing serious bodily injury -- Responsible for
care. -- (a) Any person who shall commit an assault or
battery, or both, upon a person sixty (60) years of age or older,
causing serious bodily injury and was, at the time of the assault
and battery, responsible for the care and treatment of the victim
shall be deemed to have committed a felony and shall be imprisoned
for not less than two (2) years but not more than twenty (20)
years or fined not more than ten thousand dollars ($10,000), or
both. Further, if at the time of the assault and battery the person
committing said act was employed by a health care facility who
either condoned the act or attempted to conceal it, said health
care facility shall be fined not exceeding fifteen thousand dollars
($15,000). Every person so convicted shall be ordered to make
restitution to the victim of such offense or to perform up to
five hundred (500) hours of public community service work or {DEL both DEL}
{ADD attend violence counseling and/or substance abuse counseling, ADD}
or any combination thereof imposed by the sentencing judge. The
court may not waive the obligation to make restitution and/or
public community service work. Such restitution and/or public
community service shall be in addition to any fine or sentence
which may be imposed and not in lieu thereof.
(b) "Serious bodily injury" means physical injury that (1) creates a substantial risk of death, or (2) causes protracted loss or impairment of the function of any bodily part, member or organ or (3) causes serious permanent disfigurement.
SECTION 2. This act shall take effect upon passage.
