Fire and Medical Protection Act

IN THE SENATE

April 12, 2025

Introduced by DannyboyJurist (for himself)

Fire and Medical Protection Act


Be it resolved by the Senate and House of Representatives of the State of Firestone in Congress assembled,

SECTION 1. EFFECTIVENESS

This Act shall be effective upon completion of the constitutionally required process.

SECTION 2. SEVERABILITY

Should any part of this Act be struck down or declared unenforceable, then that part of the Act shall be considered severed from this Act, and the rest shall remain in full force.

SECTION 3. DEFINITIONS

For the purposes of this act—

  1. “Firefighter” shall mean any full or part-time fire fighting personnel duly employed by the Stapleton County Fire Department or assigned to the Firestone National Guard: Joint Base Beaumont Fire Department acting in their official capacity on duty or otherwise (see clarification herein);

  2. “Paramedic/EMT” shall mean any full or part-time paramedic or emergency medical technician duly employed by the Stapleton County Fire Department, Firestone Department of Health, or Firestone National Guard acting in their official capacity on duty or otherwise;

  3. “Medical practitioner” shall mean any full or part time nurse, medical doctor, or nurse practitioner duly employed by the Firestone Department of Health acting in their official capacity on duty or otherwise;

  4. “Official capacity” shall include engaging in any duty authorized by law to a firefighter, paramedic/EMT, or medical practitioner that involves rendering aid or service regarding a medical or fire event (respective to the relevant personnel classification) when such person is duly employed pursuant to Sections 3(1-3) of this Act; an individual is still considered to be acting in official capacity for the purposes of this Act when they are rendering medical or fire aid off-duty so long as it is apparent or clear to a reasonable person that the individual is providing such aid; and

  5. For the purposes of this act, the Firestone Criminal Code shall be defined as the Firestone Criminal Code.

SECTION 4. AGGRAVATING FACTORS FOR A CRIME OF VIOLENCE AGAINST PUBLIC SERVANTS DOCTRINE

(a) Chapter 1, §11 of the Firestone Criminal Code does not exist, but shall be created with the title “§11 - Aggravating Factors for a Crime of Violence Against Public Servants Doctrine” and state:

(a) The aggravating factors herein shall apply to the variable sentencing of violent offenses against fire and medical services providers as defined by the Fire and Medical Protection Act.

(b) It shall be an aggravating factor for any person to knowingly commit a crime of violence against a firefighter, paramedic/EMT, or medical practitioner acting in official capacity as defined by the Fire and Medical Protection Act.

(c) It shall be an aggravating factor for any person to knowingly commit any crime of violence within the physical structures of the Stapleton County Medical Center or the Stapleton County Fire Department.

(c1) “Physical structure” shall mean, for the purposes of this doctrine, a building containing at least four external walls, at least one door, and a roof (buildings with more than one story instantly meet this requirement).

(c2) “Within” shall mean, for the purposes of this doctrine, the physical space contained within and by the (at least) four external walls, at least one door, and roof mentioned in subsection (c1) of this doctrine.

(d) It shall be an aggravating factor for any person to unlawfully discharge a firearm in the presence of a firefighter, paramedic/EMT, or medical practitioner acting in official capacity as defined by the Fire and Medical Protection Act.

SECTION 5. CRIMINAL COURT SPECIAL SENTENCING AMENDMENTS

(a) Upon conviction of any offense under Chapter 2 of the Firestone Criminal Code wherein an aggravating factor under Chapter 1, §11 (the Aggravating Factors for a Crime of Violence Against Public Servants Doctrine)’s provisions is proven beyond a reasonable doubt as determined by the presiding judge at sentencing, the court must sentence the defendant to no less than ⅔ of the maximum incarceration penalty (rounded up to the nearest whole minute as necessary) for each relevant offense as a special sentencing rule. Any attempt or conspiracy conviction of the same shall be subject to this sentencing provision as well.

(b) Upon conviction of an offense under Chapter 3, §5 of the Firestone Criminal Code wherein an aggravating factor under Chapter 1, §11 (the Aggravating Factors for a Crime of Violence Against Public Servants Doctrine)’s provisions is proven beyond a reasonable doubt as determined by the presiding judge at sentencing, the court must sentence the defendant to no less than ⅔ of the maximum incarceration penalty (rounded up to the nearest whole minute as necessary) for the offense as a special sentencing rule. Any attempt or conspiracy conviction of the same shall be subject to this sentencing provision as well.

(c) Upon conviction of any offense under Chapter 5, §2 or 3 of the Firestone Criminal Code wherein an aggravating factor under Chapter 1, §11 (the Aggravating Factors for a Crime of Violence Against Public Servants Doctrine)’s provisions is proven beyond a reasonable doubt as determined by the presiding judge at sentencing, the court must sentence the defendant to no less than ⅔ of the maximum incarceration penalty (rounded up to the nearest whole minute as necessary) for the offense as a special sentencing rule. Any attempt or conspiracy conviction of the same shall be subject to this sentencing provision as well.

SECTION 6. INTERFERENCE RECLASSIFICATION

(a) Chapter 1, §9 of the Firestone Criminal Code shall be reclassified as a Class A Misdemeanor.

SECTION 7. AGGRAVATED ASSAULT

(a) Chapter 1, §12 of the Firestone Criminal Code does not exist, but shall be created with the title “§12 - Aggravated Assault” and state:

(a) The act of aggravated assault shall be recognized as an unlawful criminal offense within the State of Firestone.

(a1) Aggravated assault shall be the act of intentionally, physically striking and/or applying offensive contact (or any attempt to do either) to a firefighter, paramedic/EMT, or medical practitioner (as all defined by the the Fire and Medical Protection Act) acting in official capacity (as defined by the Fire and Medical Protection Act).

(b) This offense may not be issued in conjunction with any other form of battery or assault for the same criminal act.

(b) Chapter 1, §12 of the Firestone Criminal Code shall be a Class C Felony and carry an arrest time of 600 seconds. Upon conviction of this offense by a court, a person shall be sentenced to no less than 20 minutes incarceration as a special sentencing rule.

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