(a) Definitions. For purposes of this section:
(1) "Government representative" means any officer or employee of the state or a political subdivision thereof, or a person under contract with a state agency or political subdivision thereof.
(2) "Health care worker" means any nurse, nurse practitioner, physician, physician assistant or technician practicing at, and all persons employed by or under contract to a hospital, county or district health department, long-term care facility, physician's office, clinic or outpatient treatment facility.
(3) "Emergency service personnel" means any paid or volunteer firefighter, emergency medical technician, paramedic, or other emergency services personnel employed by or under contract with an emergency medical service provider or a state agency or political subdivision thereof.
(4) "Utility worker" means any individual employed by a public utility or electric cooperative or under contract to a public utility, electric cooperative or interstate pipeline.
(5) "Law enforcement officer" has the same definition as this term is defined in West Virginia Code 30-29-1, except for purposes of this section, "law enforcement officer" shall additionally include those individuals defined as "chief executive" in West Virginia Code 30-29-1.
(6) "Correctional officer" means any individual who is responsible for enforcing rules and laws necessary for the control and management of correctional units and the maintenance of public safety that is within the scope of responsibilities of the West Virginia Division of Corrections or the West Virginia Regional Jail Authority.
(7) "Conservation officer" means any individual employed by the West Virginia Division of Natural Resources pursuant to the West Virginia Code Article 20-7.
(b) Battery. No person shall unlawfully, knowingly and intentionally make physical contact of an insulting or provoking nature with a government representative, health care worker, utility worker, emergency service personnel, law enforcement officer, correctional officer or conservation officer acting in his or her official capacity when the person committing the battery knows or has reason to know that the victim is acting in his or her official capacity, or unlawfully and intentionally cause physical harm to that person acting in such capacity when the person committing the battery knows or has reason to know that the victim is acting in his or her official capacity. Whoever violates this subsection (b) is guilty of a misdemeanor for a first offense.
(c) Assault. No person shall unlawfully attempt to commit a violent injury to the person of a government representative, health care worker, utility worker, emergency service personnel, law enforcement officer, correctional officer or conservation officer acting in his or her official capacity when the person committing the assault knows or has reason to know that the victim is acting in his or her official capacity, or unlawfully commit an act which places that person acting in his or her official capacity in reasonable apprehension of immediately receiving a violent injury when the person committing the assault knows or has reason to know that the victim is acting in his or her official capacity.
(W. Va. Code § 61-10-2(b); Ord. 2242. Passed 4-20-17.)