Sec. 53a-167c. Assault of public safety or emergency medical personnel.
Sec. 53a-167c. Assault of public safety or emergency medical personnel. (a) A
person is guilty of assault of public safety or emergency medical personnel when, with
intent to prevent a reasonably identifiable peace officer, special policeman appointed
under section 29-18b, Department of Motor Vehicles inspector appointed under section
14-8 and certified pursuant to section 7-294d, firefighter or employee of an emergency
medical service organization, as defined in section 53a-3, emergency room physician
or nurse, employee of the Department of Correction, member or employee of the Board
of Pardons and Paroles, probation officer, employee of the Judicial Branch assigned to
provide pretrial secure detention and programming services to juveniles accused of the
commission of a delinquent act, employee of the Department of Children and Families
assigned to provide direct services to children and youths in the care or custody of the
department, employee of a municipal police department assigned to provide security at
the police department's lockup and holding facility or active individual member of a
volunteer canine search and rescue team, as defined in section 5-249, from performing
his or her duties, and while such peace officer, special policeman, motor vehicle inspector, firefighter, employee, physician, nurse, member, probation officer or active individual member is acting in the performance of his or her duties, (1) such person causes
physical injury to such peace officer, special policeman, motor vehicle inspector, firefighter, employee, physician, nurse, member, probation officer or active individual
member, or (2) such person throws or hurls, or causes to be thrown or hurled, any rock,
bottle, can or other article, object or missile of any kind capable of causing physical harm,
damage or injury, at such peace officer, special policeman, motor vehicle inspector,
firefighter, employee, physician, nurse, member, probation officer or active individual
member, or (3) such person uses or causes to be used any mace, tear gas or any like or
similar deleterious agent against such peace officer, special policeman, motor vehicle
inspector, firefighter, employee, physician, nurse, member, probation officer or active
individual member, or (4) such person throws or hurls, or causes to be thrown or hurled,
any paint, dye or other like or similar staining, discoloring or coloring agent or any
type of offensive or noxious liquid, agent or substance at such peace officer, special
policeman, motor vehicle inspector, firefighter, employee, physician, nurse, member,
probation officer or active individual member, or (5) such person throws or hurls, or
causes to be thrown or hurled, any bodily fluid including, but not limited to, urine,
feces, blood or saliva at such peace officer, special policeman, motor vehicle inspector,
firefighter, employee, physician, nurse, member, probation officer or active individual
member.
(b) Assault of public safety or emergency medical personnel is a class C felony. If
any person who is confined in an institution or facility of the Department of Correction
is sentenced to a term of imprisonment for assault of an employee of the Department
of Correction under this section, such term shall run consecutively to the term for which
the person was serving at the time of the assault.
(P.A. 73-639, S. 19; P.A. 90-157, S. 2; 90-250, S. 2; P.A. 93-246, S. 1; P.A. 94-62; P.A. 98-41; P.A. 99-26, S. 28; 99-204; P.A. 01-84, S. 13, 26; P.A. 03-6, S. 1; 03-19, S. 126; P.A. 04-234, S. 2; 04-241, S. 3; 04-257, S. 120; P.A. 05-108,
S. 7; 05-180, S. 6; P.A. 06-196, S. 185; P.A. 08-150, S. 54.)
History: P.A. 90-157 applied provisions to assaults of employees of an emergency medical service organization; P.A.
90-250 applied provisions to employees of the department of correction, specified that assault must occur while peace
officer, fireman or correction department employee is acting in performance of his duties and added provision re consecutive
sentences for persons sentenced for assault of correction department employees; P.A. 93-246 applied provisions to assault
of an employee or member of the board of parole or probation officer; P.A. 94-62 applied the provisions to emergency
room physicians and emergency room nurses; P.A. 98-41 applied provisions to an assault of an employee of the Judicial
Branch assigned to provide pretrial secure detention and programming services to juveniles accused of the commission
of a delinquent act or an assault of an employee of the Department of Children and Families performing duties at Long
Lane School; P.A. 99-26 revised the category of employees of the Department of Children and Families to which provisions
apply by replacing an employee "performing duties at Long Lane School" with an employee "assigned to provide direct
services to children and youth in the care or custody of the department"; P.A. 99-204 added Subsec. (a)(5) re throwing or
hurling any bodily fluid at specified personnel and changed the name of the offense to "assault of public safety or emergency
medical personnel" where appearing; P.A. 01-84 replaced "fireman" with "firefighter" in Subsec. (a), effective July 1,
2001; P.A. 03-6 amended Subsec. (a) to apply provisions to assault of an employee of a municipal police department
assigned to provide security at the police department's lockup and holding facility and make a technical change for the
purpose of gender neutrality; P.A. 03-19 made a technical change in Subsec. (a), effective May 12, 2003; P.A. 04-234
replaced Board of Parole with Board of Pardons and Paroles, effective July 1, 2004; P.A. 04-241 applied provisions to
assaults of active individual members of volunteer canine search and rescue teams; P.A. 04-257 amended Subsec. (a) to
delete reference to an employee of the Board of Parole, effective June 14, 2004; P.A. 05-108 amended Subsec. (a) to restore
reference to an employee of the Board of Pardons and Paroles, effective June 7, 2005; P.A. 05-180 amended Subsec. (a)
to apply provisions to assault of a special policeman appointed under Sec. 29-18b; P.A. 06-196 made a technical change
in Subsec. (a), effective June 7, 2006; P.A. 08-150 amended Subsec. (a) to apply provisions to assault of Department of
Motor Vehicles inspector appointed under Sec. 14-8 and certified pursuant to Sec. 7-294d.
See Sec. 53a-59b re assault of an employee of the Department of Correction in the first degree.
Cited. 214 C. 195. Cited. 231 C. 545. Cited. 234 C. 78. Cited. 236 C. 31. Cited. 237 C. 454; Id., 633.
Cited. 3 CA 353. Cited. 10 CA 486. Cited. 12 CA 364. Cited. 14 CA 10. Cited. 27 CA 103. Cited. 32 CA 224. Cited.
37 CA 338. Cited. 40 CA 601. Cited. 43 CA 61; Id., 76. Cited. 46 CA 118. Under Sec. 53a-23, the illegality of an arrest
is not a defense to charges under this section which was intended to require an arrestee to submit to an arrest, even though
he believes, and may ultimately establish, that the arrest was without probable cause or was otherwise unlawful. It was
not intended to require an arrestee to submit to egregiously unlawful conduct - such as an unprovoked assault - by the
police in the course of an arrest, whether the arrest was legal or illegal. 79 CA 667. Interfering with an officer is lesser
offense included in greater offense of assault of public safety personnel and thus conviction of both offenses for same act
constituted double jeopardy violation. 86 CA 607.
Cited. 33 CS 4. Cited. 39 CS 347.
Subsec. (a):
Subdiv. (1) cited. 201 C. 605; 205 C. 370; 228 C. 910; 233 C. 502. Judgment of appellate court in State v. Wolff, 37
CA 500 reversed in part to affirm judgment of trial court with respect to charges under this section. 237 C. 633. Trial court
improperly prevented defendant from offering evidence re first element of the crime, namely, whether the officer was
performing his assigned duties when defendant struck him. 255 C. 581. In order to sustain conviction under the statute,
there must be a finding that police officers had been acting in the performance of their duties. 261 C. 553.
Cited. 1 CA 709. Subdiv. (1) cited. 9 CA 169; judgment reversed, see 205 C. 370; 23 CA 160; Id., 315. Cited. Id., 447.
Subdiv. (1) cited. Id.; Id., 663. Cited erroneously as Sec. 53-167c(a)(1). 28 CA 469. Subdiv. (1) cited. 30 CA 606; 31 CA
178; 33 CA 509; Id., 743; judgment reversed, see 233 C. 502; 35 CA 431; Id., 699; 37 CA 500; Id., 635. Cited. 38 CA
306. Subdiv. (1) cited. 39 CA 333; Id., 657; Id., 789; 43 CA 480; Id., 578; 44 CA 264.
Subsec. (b):
Legislature intended to deter all prisoners being held in Connecticut facilities, whether there temporarily or for duration
of a sentence, from assaulting employees of those facilities and therefore trial court lacked discretion to impose a sentence
concurrent to defendant's federal sentence. 63 CA 386.