Shown verbatim: the complete text as captured from the official PDF posted by the Arkansas General Assembly, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
Stricken language would be deleted from and underlined language would be added to present law.
1 State of Arkansas A Bill
2 95th General Assembly
3 Regular Session, 2025 SENATE BILL 435
4
5 By: Senator Irvin
6 By: Representative L. Johnson
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8 For An Act To Be Entitled
9 AN ACT TO CREATE THE CRIMINAL OFFENSE OF AGGRAVATED
10 ASSAULT UPON A HEALTHCARE WORKER; TO DEFINE
11 "HEALTHCARE WORKER" REGARDING ASSAULT AND BATTERY;
12 AND FOR OTHER PURPOSES.
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15 Subtitle
16 TO CREATE THE CRIMINAL OFFENSE OF
17 AGGRAVATED ASSAULT UPON A HEALTHCARE
18 WORKER; AND TO DEFINE "HEALTHCARE
19 WORKER" REGARDING ASSAULT AND BATTERY.
20
21 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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23 SECTION 1. Arkansas Code � 5-13-101 is amended to read as follows:
24 5-13-101. Definition Definitions.
25 As used in this chapter,:
26 (1) "First "first responder" means a law enforcement officer,
27 firefighter, emergency medical provider, or emergency management official,
28 who is acting within the scope or course of his or her employment; and
29 (2)(A) "Healthcare worker" means a person who is employed by,
30 volunteers for, or contracts with a healthcare facility, organization, or
31 healthcare service provider and is involved in the delivery, support, or
32 administration of healthcare services, including without limitation:
33 (i) A physician;
34 (ii) A nurse;
35 (iii) A paramedic or other emergency responder;
36 (iv) A technician;
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1 (v) A pharmacist;
2 (vi) A dentist;
3 (vii) A healthcare aide or assistant;
4 (viii) A therapist;
5 (ix) A case manager or care coordinator working in a
6 healthcare setting; and
7 (x) Administrative staff, janitorial staff, security
8 staff, and food services staff who directly support healthcare operations.
9 (B) "Healthcare worker" is not limited by location and may
10 apply to a person working in any healthcare setting, including without
11 limitation a hospital, clinic, nursing home, rehabilitation center,
12 outpatient facility, home health agency, crime scenes, accident scenes, or
13 any other setting in which healthcare services are provided.
14
15 SECTION 2. Arkansas Code � 5-13-202(a)(4)(E), concerning the criminal
16 offense of battery in the second degree, is amended to read as follows:
17 (E) While performing medical treatment or emergency
18 medical services or while in the course of other employment relating to his
19 or her medical training:
20 (i) A physician;
21 (ii) A person licensed as emergency medical services
22 personnel, as defined in � 20-13-202;
23 (iii) A licensed or certified healthcare
24 professional; or
25 (iv) Any other healthcare provider worker providing
26 services in support of medical treatment; or
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28 SECTION 3. Arkansas Code Title 5, Chapter 13, Subchapter 2, is amended
29 to add an additional section to read as follows:
30 5-13-215. Aggravated assault upon a healthcare worker.
31 (a) A person commits the offense of aggravated assault upon a
32 healthcare worker if he or she, under circumstances manifesting extreme
33 indifference to the personal hygiene and safety of the healthcare worker,
34 purposely engages in conduct that creates a potential danger of infection to
35 the healthcare worker while the healthcare worker is engaged in the course of
36 his or her employment by causing a person whom the actor knows to be a
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1 healthcare worker to come into contact with saliva, blood, urine, feces,
2 seminal fluid, or other bodily fluid by purposely throwing, tossing,
3 expelling, or otherwise transferring the fluid or material.
4 (b) Aggravated assault upon a healthcare worker is a Class D felony.
5 (c) This section does not amend, modify, or affect:
6 (1) The provisions of � 9-27-318(g) or � 9-27-318(h)(2), which
7 require a finding to transfer a juvenile case to circuit court for
8 prosecution as an adult to be supported by clear and convincing evidence; or
9 (2) The provisions of �� 5-2-327 and 5-2-328 governing the
10 determination of a defendant's fitness to proceed in a criminal case.
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3 03/11/2025 4:35:05 PM JMB208Every fact on this page links to its source, starting with the official bill record.