Assault on Members of Hospital Staff in Texas

Texas recently enacted a law to address violence against healthcare workers through the passage of Senate Bill 840, also known as the Pokuaa-Flowers Act.

The Act is named after victims of an incident at Dallas Methodist Hospital, where a violent attack inspired legislators to enact stronger protections for healthcare workers. In fact, Texas lawmakers passed two pieces of legislation in response to the same incident.

The Dallas Methodist Hospital shooting

On October 22, 2022, Nestor Hernandez killed two workers at Dallas Methodist Hospital – Katie Annette Flowers, a nurse, and Jacqueline Pokuaa, a social worker. According to reports, Hernandez was on parole for aggravated robbery and wearing an ankle monitor at the time of the shooting. Despite the ankle monitor, he entered the hospital with a gun, where he fatally shot the two women before being subdued by police. In the aftermath of the attack, legislators created new laws aimed at ankle monitor tampering and violence against hospital workers. Being accused of violating either law could lead to serious charges.

Texas Legislature passes two new laws in 2023

The new laws come with hefty penalties that lawmakers hope will serve as deterrents against acts of violence. The two laws are Bill 1004 and Bill 840.

What does Senate Bill 1004 do?

Senate Bill 1004 makes it a specific crime to tamper with or disable an electronic monitoring device, such as an ankle monitor, required as part of a parole or court order.

Senate Bill 1004 states:

A person who is required to submit to electronic monitoring of the person’s location as part of an electronic monitoring program under Article 42.035, Code of Criminal Procedure, or as a condition of community supervision, parole, mandatory supervision, or release on bail commits an offense if the person knowingly removes or disables, or causes or conspires or cooperates with another person to remove or disable, a tracking device that the person is required to wear to enable the electronic monitoring of the person’s location.

What does Senate Bill 840 do?

Before the Pokuaa-Flowers Act, assaulting a healthcare worker was already a crime, but the penalties didn’t necessarily reflect the seriousness of the offense. Senate Bill 840 changes that by elevating the criminal penalty for assaults on hospital workers.

Under the new law, assaulting a hospital staff member is a third-degree felony if the victim is acting within their professional duties. A third-degree felony in Texas carries a penalty of two to 10 years in prison and up to a $10,000 fine.

If the assault involves severe bodily injury or the use of a deadly weapon, you might face increased charges for a second-degree or first-degree felony, which carries even harsher penalties.

This legislation applies to a wide range of hospital staff, including nurses, doctors, social workers, and support personnel.

Senate Bill 840 states:

An offense under Subsection (a)(1) is a Class A misdemeanor, except that the offense is a felony of the third degree if the offense is committed against: a person the actor knows is a public servant while the public servant is lawfully discharging an official duty, or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant.

Defending against charges in criminal cases

Our Killeen criminal defense attorneys understand that no matter what the accusations are, every person facing criminal charges needs a strong advocate. Having a legal representative can help protect your rights to a fair trial. Additionally, in many cases, there is more to the story than the allegations. Sometimes, those factors can mitigate the penalties. For instance, if a defendant was experiencing a mental health crisis at the time of the assault, courts may consider some alternatives to incarceration, such as mental health treatment programs. Also, if a patient or family member acted in fear or confusion, believing they were defending themselves or their loved ones, this may factor into the sentencing.

Remember that the prosecution must prove that the defendant acted intentionally or knowingly. If there’s insufficient evidence to establish intent, the charges could be reduced or dismissed.

How will Senate Bill 840 affect me?

Under the new law, assault charges against a healthcare worker can lead to harsher penalties, including lengthy prison sentences, a permanent criminal record, and significant financial penalties. Some concerns that you should consider include:

• How prosecutors may take a more aggressive stance in cases involving assaults on hospital staff, possibly seeking maximum penalties to set an example
• Whether elevated penalties could make it harder to negotiate plea deals or secure lenient sentences
• The ways that a long sentence may impact family members financially, socially, and emotionally

Can your Killeen criminal defense attorneys help if I am charged under Senate Bill 840?

If you are charged under Senate Bill 840, our Killeen criminal defense attorneys can help in several ways:

• We can investigate the circumstances surrounding the charges to identify weaknesses in the prosecution’s case (such as lack of intent or evidence).
• If conviction is likely, we can negotiate for reduced charges or lighter sentencing (we might present mitigating factors such as mental health issues or lack of prior criminal history).
• From pre-trial motions to trial representation, we can help you understand your options and protect your legal rights.

Facing a charge under Senate Bill 840 is serious, but with experienced legal representation, you can work toward the best possible outcome.

If you or a loved one is facing charges under Senate Bill 840 or 1004, it’s important to act quickly and secure experienced legal representation. The Killeen criminal defense attorneys at Mary Beth Harrell Criminal Defense and DWI Lawyers understand the complexities of Texas law and the serious consequences these charges carry. Let us help protect your rights, build a strong defense, and guide you through this challenging time. Call us or fill out our contact form today.