1. Title

This Act is the Protection for First Responders and Prison Officers Act 2018.

2. Commencement

This Act comes into force on the day after the date on which it receives the Royal assent.

Part 1 - Amendment to the Crimes Act 1961

3. Principal Act

This Part amends the Crimes Act 1961 (the principal Act).

4. New section 189A inserted (Injuring first responder or prison officer with intent)

After section 189, insert:

189A Injuring first responder or prison officer with intent

(1) Every one is liable to imprisonment for a term not exceeding 10 years who—

(a) intentionally injures a first responder or prison officer who is acting in the execution of their duty; or

(b) being reckless as to whether their conduct may lead to that result, injures a first responder or prison officer who is acting in the execution of their duty.

(2) In this section,—

first responder means—

(a) a constable (within the meaning of section 4 of the Policing Act 2008); or

(b) an emergency services worker (within the meaning of section 92(4) of the Health and Safety at Work Act 2015)

prison officer means an officer within the meaning of section 3(1) of the Corrections Act 2004; and includes a security officer within the meaning of that section.

Part 2 - Amendment to Sentencing Act 2002

5. Principal Act

This Part amends the Sentencing Act 2002 (the principal Act).

6. New section 85A and cross-heading inserted

After section 85, insert:

Imposition of minimum period of imprisonment for offence against section 189A of Crimes Act 1961

85A Imposition of minimum period of imprisonment for offence against section 189A of Crimes Act 1961

(1) This section applies if a court finds an offender guilty of an offence against section 189A of the Crimes Act 1961.

(2) The court must impose a minimum sentence of 6 months imprisonment unless, given the circumstances of the offence and the offender, a sentence of imprisonment would be manifestly unjust.

(3) If a court does not impose a sentence of imprisonment on an offender in accordance with subsection (2), it must give written reasons for not doing so.

Part 3 - Amendment to the Summary Offences Act 1981

7. Principal Act

This Part amends the Summary Offences Act 1981 (the principal Act).

8. Section 10 amended (Assault on Police, prison, or traffic officer)

(1) In the heading to section 10, replace “Police, prison” with “first responder, prison officer”.

(2) In section 10, replace “constable” with “first responder”.

(3) In section 10, insert as subclause (2):

(2) In this section, first responder means—

(a) a constable (within the meaning of section 4 of the Policing Act 2008); or

(b) an emergency services worker (within the meaning of section 92(4) of the Health and Safety at Work Act 2015).

B.134 - Protection for First Responders and Prison Officers Bill - was sponsored by /u/KyuuMan (New Zealand First) as a member's bill.

Committee of the whole house will conclude at 4:00pm, 27 March 2019.