BILL ANALYSIS Ó
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Loni Hancock, Chair A
2013-2014 Regular Session B
9
2
1
AB 921 (Jones-Sawyer)
As Amended May 2, 2013
Hearing date: June 11, 2013
Labor, Penal and Welfare and Institutions Codes
AA:mc
SOCIAL WORKERS: ASSAULT AND BATTERY
HISTORY
Source: Children's Advocacy Institute; Service Employees
International Union (SEIU of California)
Prior Legislation: None
Support: Unknown
Opposition:None known
Assembly Floor Vote: Ayes 49 - Noes 22
KEY ISSUE
SHOULD THE PUNISHMENT FOR ASSAULT AND BATTERY AGAINST A COUNTY
SOCIAL WORKER BE INCREASED?
PURPOSE
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The purpose of this bill is to 1) increase the misdemeanor
punishments for simple assault and simple battery of a county
child welfare social worker from up to 6 months in county jail
to up to one year in the county jail; and 2) make additional
changes to the law subject to the jurisdiction of the Senate
Judiciary Committee, to which this bill is double-referred.
Assault
Current law defines "assault" as an unlawful attempt, coupled
with a present ability, to commit a violent injury on the person
of another. (Penal Code § 240.)
Current law provides that assault is punishable by a fine not
exceeding $1,000, by imprisonment in the county jail not
exceeding six months, or by both the fine and imprisonment.
(Penal Code
§ 241[a].)
Current law provides that when an assault is committed against
the person of a custodial officer, firefighter, emergency
medical technician (EMT), physician or nurse providing emergency
care, lifeguard, process server, traffic officer, code
enforcement, or animal control officer engaged in the
performance of his or her duties, and the person committing the
offense knows or reasonably should know that the victim is a
custodial officer, firefighter, EMT, physician or nurse
providing emergency care, lifeguard, process server, traffic
officer, code enforcement officer, or animal control officer,
the assault is punishable by a fine not exceeding $2,000, by
imprisonment in the county jail not exceeding six months, or by
both fine and imprisonment. (Penal Code § 241[c].)
This bill would add "social worker employed by a county in child
welfare" to this provision.
This bill would provide that in this context "(s)ocial worker
employed by a county in child welfare" means a social worker
employed by a county welfare department or child welfare
department or any other county agency that employs social
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workers and is responsible for the placement and supervision of
children and youth in foster care."
Battery
Current law defines "battery" as any willful and unlawful use of
force or violence upon the person of another. (Penal Code §
242.)
Current law makes battery punishable by a fine not exceeding
$2,000, by imprisonment in a county jail not exceeding six
months, or by both that fine and imprisonment. (Penal Code
§ 243[a].)
Current law provides that a battery committed against any person
and serious bodily injury is inflicted on the person, the
battery is punishable by imprisonment in a county jail not
exceeding one year or imprisonment in the state prison for two,
three, or four years. (Penal Code § 243[d].)
Current law states battery upon a peace officer engaged in the
performance of his or her duties is punishable by imprisonment
in a county jail not to exceed one year or in the state prison
for 16 months, 2 or 3 years, by a fine not to exceed $10,000, or
by both a fine and imprisonment. (Penal Code § 243[c] [2].)
Current law provides that battery committed upon a custodial
officer where it should reasonably be known that such victim is
a custodial officer in the performance of his or her duties is
punishable by imprisonment in the state prison for 16 months, 2
or 3 years. (Penal Code
§ 243.1.)
Current law provides that when a battery is committed against
the person of a custodial officer, firefighter, EMT, physician
or nurse providing emergency care, lifeguard, process server,
traffic officer, or animal control officer engaged in the
performance of his or her duties, and the person committing the
offense knows or reasonably should know that the victim is a
custodial officer, firefighter, EMT, physician or nurse
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providing emergency care, lifeguard, process server, traffic
officer, or animal control officer the battery is punishable by
up to one year in the county jail, by a fine of up to $2,000, or
by both a fine and imprisonment. If the victim suffers an
injury requiring medical care, the crime is an alternate felony
misdemeanor, punishable by up to one year in the county jail, by
a fine of up to $2,000, by both a fine and imprisonment, or by
16 months, 2 or 3 years in state prison. (Penal Code §§ 243[b]
and [c].)
This bill would add "social worker employed by a county in child
welfare" to this provision.
This bill would provide that in this context "(s)ocial worker
employed by a county in child welfare" means a social worker
employed by a county welfare department or child welfare
department or any other county agency that employs social
workers and is responsible for the placement and supervision of
children and youth in foster care."
Civil Penalties: Local Ordinances Relating to Whistleblowing
This bill would require boards of county supervisors to adopt an
ordinance by January 1, 2015, that prohibits the following
actions toward a social worker who is employed by a county child
welfare agency:
(1) Having rules and policies to prevent the employee from
disclosing or reporting information that the social worker
has reasonable cause to believe discloses a policy or
practice that endangers the health or well-being of a child
or violates the law, as specified;
(2) Retaliating against the employee for disclosing or
reporting information where the social worker has
reasonable cause to believe that the information discloses
a policy or practice that endangers the health or
well-being of a child or violates the law, as specified;
and
(3) Retaliating against the employee for refusing to
participate in an activity that would result in endangering
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the health or well-being of a child or is a violation of
the law, as specified.
This bill would provide that in addition to other penalties or
damages, a county that adopts an ordinance as described above
shall be liable for a civil penalty not exceeding $10,000 for
each violation of this ordinance, and the employee's reasonable
attorney's fees and costs.
This bill would provide that "in a civil action or
administrative proceeding brought pursuant to the ordinance,
once it has been demonstrated by a preponderance of the evidence
that an activity proscribed by this section was a contributing
factor in the alleged prohibited action against the employee,
the employer shall have the burden of proof to demonstrate by
clear and convincing evidence that the alleged action would have
occurred for legitimate, independent reasons even if the
employee had not engaged in activities protected by this
section."
This bill would provide that nothing in its provisions "shall be
construed to authorize a social worker employed by a county
child welfare agency to disclose the identity of a child or the
case file."
This bill would provide that "'county child welfare agency'
includes a county welfare department, child welfare department,
and any other county agency that employs social workers and is
responsible for the placement and supervision of children and
youth in foster care."
This bill would provide that in "addition to any other penalty
provided by law, a person who intentionally engages in acts of
reprisal, retaliation, threats, coercion, or similar acts
against an employee of a county child welfare agency for a
violation of an ordinance adopted pursuant to Section 4080 shall
be liable in a civil action for damages brought against him or
her by the injured party. Punitive damages may be awarded by the
court where the acts of the party alleged to violate Section
4080 are proven to be malicious. Where liability has been
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established, the injured party shall also be entitled to
reasonable attorney's fees as provided by law."
This bill would provide that this section "shall not be
construed to prevent an appointing power, manager, or supervisor
from taking, directing others to take, recommending, or
approving any personnel action or from taking or failing to take
a personnel action with respect to any employee of a county
child welfare agency if the appointing power, manager, or
supervisor reasonably believes any action or inaction is
justified on the basis of evidence separate and apart from the
fact that the person has made a disclosure protected pursuant to
an ordinance adopted pursuant to Section 4080."
This bill would provide that nothing in its provisions "or
ordinance adopted pursuant to this chapter shall be construed to
diminish the rights, privileges, or remedies of any employee
under any other federal or state law or under any employment
contract or collective bargaining agreement."
California Child and Family Service Review System
Current law requires the State Department of Social Services to
establish the "California Child and Family Service Review
System, in order to review all county child welfare systems.
These reviews shall cover child protective services, foster
care, adoption, family preservation, family support, and
independent living." (Welfare and Institutions Code (WIC) §
10601.2.)
Current law requires the State Department of Social Services to
provide information to the Assembly and Senate Budget Committees
and Committee on Budget and the Senate Committee on Budget and
Fiscal Review and appropriate legislative policy committees
annually, beginning with the 2002-03 fiscal year, on specified
progress relating to the review required by this section,
including the findings and recommendations for child welfare
system improvements identified in county self-assessments and
county system improvement plans, as specified. (WIC §
10601.2(f).)
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This bill would make non-substantive changes to this provision
and, in addition, require that in "developing county
self-assessments and county improvement plans pursuant to this
section, or any subsequent county self-assessments pursuant to
this section, each county shall consult with stakeholders,
including, but not limited to, county child welfare agencies and
probation agency staff at all levels, current and former foster
children, children's attorneys, and foster care providers. The
county shall consult with at least one county child welfare
worker named by the bargaining unit representing children's
social workers."
Current law requires that the Review System "outcome indicators"
be consistent with federal child and family service review
measures and standards for child and family outcomes and system
factors, as specified, and sets forth requirements for reviews
according to outcome indicators, as specified. (WIC §
10601.2(f).)
This bill would require that the "county improvement plans
developed pursuant to this section that are approved by the
county board of supervisors shall include a separately titled
provision that lists and provides the rationale for proposed
operational improvements identified during the stakeholder
process . . . that may be implemented at a cost savings to the
county or within existing county resources."
Current law requires that within five business days of learning
that a child fatality has occurred in the county and that there
is a reasonable suspicion that the fatality was caused by abuse
or neglect, the custodian of records for the county child
welfare agency, upon request, shall release specified
information. (WIC § 10850.4.)
Current law provides that once documents pursuant to this
section have been released by the custodian of records, the
State Department of Social Services or the county welfare
department or agency may comment on the case within the scope of
the release. (WIC § 10850.4(h).)
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This bill would add any county child welfare social worker to
this provision.
Legislative Findings and Declarations
This bill would designate its provisions as the "Child Welfare
Social Worker Empowerment and Foster Child Protection Act," and
includes uncodified legislative findings and declarations
concerning the unique vulnerability of children in the foster
care system, and the importance of social workers in advocating
for these children, as specified.
RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION
For the last several years, severe overcrowding in California's
prisons has been the focus of evolving and expensive litigation
relating to conditions of confinement. On May 23, 2011, the
United States Supreme Court ordered California to reduce its
prison population to 137.5 percent of design capacity within two
years from the date of its ruling, subject to the right of the
state to seek modifications in appropriate circumstances.
Beginning in early 2007, Senate leadership initiated a policy to
hold legislative proposals which could further aggravate the
prison overcrowding crisis through new or expanded felony
prosecutions. Under the resulting policy known as "ROCA" (which
stands for "Receivership/ Overcrowding Crisis Aggravation"), the
Committee held measures which created a new felony, expanded the
scope or penalty of an existing felony, or otherwise increased
the application of a felony in a manner which could exacerbate
the prison overcrowding crisis. Under these principles, ROCA
was applied as a content-neutral, provisional measure necessary
to ensure that the Legislature did not erode progress towards
reducing prison overcrowding by passing legislation which would
increase the prison population. ROCA necessitated many hard and
difficult decisions for the Committee.
In January of 2013, just over a year after the enactment of the
historic Public Safety Realignment Act of 2011, the State of
California filed court documents seeking to vacate or modify the
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federal court order issued by the Three-Judge Court three years
earlier to reduce the state's prison population to 137.5 percent
of design capacity. The State submitted in part that the, ". .
. population in the State's 33 prisons has been reduced by over
24,000 inmates since October 2011 when public safety realignment
went into effect, by more than 36,000 inmates compared to the
2008 population . . . , and by nearly 42,000 inmates since 2006
. . . ." Plaintiffs, who opposed the state's motion, argue in
part that, "California prisons, which currently average 150% of
capacity, and reach as high as 185% of capacity at one prison,
continue to deliver health care that is constitutionally
deficient." In an order dated January 29, 2013, the federal
court granted the state a six-month extension to achieve the
137.5 % prisoner population cap by December 31st of this year.
In an order dated April 11, 2013, the Three-Judge Court denied
the state's motions, and ordered the state of California to
"immediately take all steps necessary to comply with this
Court's . . . Order . . . requiring defendants to reduce overall
prison population to 137.5% design capacity by December 31,
2013."
The ongoing litigation indicates that prison capacity and
related issues concerning conditions of confinement remain
unresolved. However, in light of the real gains in reducing the
prison population that have been made, although even greater
reductions are required by the court, the Committee will review
each ROCA bill with more flexible consideration. The following
questions will inform this consideration:
whether a measure erodes realignment;
whether a measure addresses a crime which is directly
dangerous to the physical safety of others for which there
is no other reasonably appropriate sanction;
whether a bill corrects a constitutional infirmity or
legislative drafting error;
whether a measure proposes penalties which are
proportionate, and cannot be achieved through any other
reasonably appropriate remedy; and
whether a bill addresses a major area of public safety
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or criminal activity for which there is no other
reasonable, appropriate remedy.
COMMENTS
1. Double Referral to Judiciary Committee
This bill has been double-referred to the Senate Judiciary
Committee because it contains provisions relating to civil
sanctions and matters relating to child welfare systems. This
analysis does not address the issues subject to the jurisdiction
of the Judiciary Committee.
2. Stated Need for This Bill
The author states:
AB 921 imposes what is in essence an empowering
suggestion box for social workers engaged in child
welfare. This bill will also ensure that social
workers who speak out against policies and practices
that endanger children cannot be retaliated against
for doing so. This bill will establish a process
where social worker- generated improvements and
recommendations are included in CWS systemic reform
discussions and in county planning documents.
3. What This Bill Would Do - Assault and Battery Crimes
As explained in detail above, current law provides greater
penalties for assault and battery based on who the victim is.
Basic assault and battery - where there is no serious injury -
are punishable by up to a year in jail, $2,000 or both when the
victim is one of the following:
peace officer
firefighter
emergency medical technician
mobile intensive care paramedic
lifeguard
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process server
traffic officer
code enforcement officer
animal control officer
search and rescue member engaged in the performance of
his or her duties
a physician or nurse engaged in rendering emergency
medical care outside a hospital, clinic, or other health
care facility.
This bill would add to this list social workers employed by a
county in child welfare, defined to mean a "social worker
employed by a county welfare department or child welfare
department or any other county agency that employs social
workers and is responsible for the placement and supervision of
children and youth in foster care."
The National Association of Social Workers includes the
following information about social worker safety on its website:
Reports of violence against social service employees
during the past decade are notable.
According to a 2000 U.S. Bureau of Labor Statistics
report, 48% of all non-fatal injuries from assaults
and violent acts in an occupational setting took place
in health care and social services settings. This
report also noted that social workers had an incidence
rate of 15 per 10,000 full-time workers for injuries
resulting from assaults and acts of violence.
Ringstad (2005) reported the results of a national
study of 1,029 NASW members, finding that:
o 62% had been subject to psychological
aggression in the past year, with 85.5%
experiencing this at some point in their careers
o 14.7% had experienced physical assault
perpetrated by clients in the past year, with
30.2% having experienced this at some point in
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their career.<1>
4. Background: Existing Assault and Battery Crimes
Existing statutory law contains a confounding plethora of
assault and battery crimes. The following chart illustrates the
tangled patchwork of the law in this area:<2>
-----------------------------------------------------------------
| Victim | Assault: | Battery: |
| | Crime/Penalty | Crime/Penalty |
|---------------------+---------------------+---------------------|
|Anybody |Simple assault: Up |(1) Simple battery: |
| |to 6 months in jail; | Up to 6 months in |
| |fine of up to $1000, |jail; fine of up to |
| |or both. (PC § |$2000, or both |
| |241(a).) |(2) Serious bodily |
| | |injury: wobbler |
| | |(jail up to 1 year, |
| | |or prison or jail |
| | |felony 2/3/4). (PC |
| | |§ 243(a).) |
|---------------------+---------------------+---------------------|
---------------------------
<1>
http://www.naswma.org/displaycommon.cfm?an=1&subarticlenbr=51#int
ro.
<2> The numerical designations in the chart following the term
"prison or jail felony" denote the term of imprisonment. For
example, "16/2/3" means 16 months, 2 years or 3 years; 2/3/4
means 2, 3 or 4 years; and so forth. In addition, the penalties
in this chart do not reflect additional enhancements which may
apply under separate sections of law. Finally, the specific
professional identified are persons engaged in their duties, and
known (or should have been known) by the defendant to be engaged
in their duties, as specified in the referenced statutes.
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|Anybody |Simple assault on |Simple battery on |
| |school or park |school property, |
| |property: up to 1 |park property, or |
| |year in jail; fine |the |
| |up to $2000, or |grounds of a public |
| |both. (PC § 241.2.) |or private hospital: |
| | |Fine up to $2,000; |
| | |jail up to 1 year. |
| | |(PC § 243.2.) |
|---------------------+---------------------+---------------------|
|Anybody | |Simple battery on |
| | |the property of, or |
| | |in a motor vehicle |
| | |of, a public |
| | |transportation |
| | |provider: fine up to |
| | |$2,000; jail up to 1 |
| | |year. (PC § |
| | |243.35.) |
|---------------------+---------------------+---------------------|
|Anybody | |Throwing or placing |
| | |caustic chemicals |
| | |with intent to |
| | |disfigure: prison |
| | |2/3/4. (PC § 244.) |
|---------------------+---------------------+---------------------|
|Anybody |Assault with a | |
| |deadly weapon or | |
| |instrument other | |
| |than a firearm or by | |
| |any means of force | |
| |likely to produce | |
| |great bodily injury: | |
| | wobbler: jail up to | |
| |a year, fine up to | |
| |$10,000, prison | |
| |2/3/4, or fine and | |
| |imprisonment. (PC § | |
| |245(a)(1).) | |
|---------------------+---------------------+---------------------|
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|Anybody |Assault with a | |
| |firearm: jail not | |
| |less than 6 months | |
| |or prison 2/3/4, or | |
| |by both $10,000 fine | |
| |and imprisonment. | |
| |(PC § 245(a)(2).) | |
-----------------------------------------------------------------
-----------------------------------------------------------------
| Victim | Assault: | Battery: |
| | Crime/Penalty | Crime/Penalty |
|---------------------+---------------------+---------------------|
|Anybody |Assault with an | |
| |assault weapon: | |
| |prison 4/8/12. (PC | |
| |§ 245(a)(3).) | |
|---------------------+---------------------+---------------------|
|Anybody |Assault with | |
| |semiautomatic | |
| |firearm: prison | |
| |3/6/9. (PC § | |
| |245(b).) | |
|---------------------+---------------------+---------------------|
|Anybody |Assault by stun gun | |
| |or taser: wobbler, | |
| |16/2/3. (PC § | |
| |244.5(b).) | |
|---------------------+---------------------+---------------------|
|Peace Officers and |Assault by stun gun | |
|Firefighters |or taser: wobbler, | |
| |2/3/4 (PC § | |
| |244.5(c).) | |
|---------------------+---------------------+---------------------|
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|Peace Officers and |Assault with a | |
|Firefighters |deadly weapon or | |
| |instrument, other | |
| |than a firearm, or | |
| |by any means likely | |
| |to produce great | |
| |bodily injury: | |
| |prison 3/4/5. (PC § | |
| |245(c).) | |
|---------------------+---------------------+---------------------|
|Peace Officers and |Assault with a | |
|Firefighters |firearm: prison | |
| |4/6/8 (PC § | |
| |245(d)(1).) | |
|---------------------+---------------------+---------------------|
|Peace Officers and |Assault with a | |
|Firefighters |semiautomatic | |
| |firearm: prison | |
| |5/7/9. (PC § | |
| |245(d)(2).) | |
|---------------------+---------------------+---------------------|
|Peace Officers and |Assault with an | |
|Firefighters |assault weapon: | |
| |prison 6/9/12. (PC | |
| |§ 245(d)(3).) | |
|---------------------+---------------------+---------------------|
|Domestic violence | |Simple battery: fine |
|victim<3> | |up to $2,000; jail |
| | |up to 1 year. (PC § |
| | |243(e).) |
|---------------------+---------------------+---------------------|
|Domestic violence | |Corporal injury |
---------------------------
<3> Specifically, the defendant's spouse, a person with whom
the defendant is cohabiting, a person who is the parent of the
defendant's child, former spouse, fiancé, or fiancée, or a
person with whom the defendant currently has, or has previously
had, a dating or engagement relationship.
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|victim<4> | |resulting |
| | |in a traumatic |
| | |condition: jail up |
| | |to a year, fine up |
| | |to $6,000, or prison |
| | |2/3/4 or both fine |
| | |and imprisonment. |
| | |(PC § 273.5.) |
-----------------------------------------------------------------
-----------------------------------------------------------------
| Victim | Assault: | Battery: |
| | Crime/Penalty | Crime/Penalty |
|---------------------+---------------------+---------------------|
|Elder or dependent | |Simple battery: fine |
|adult | |up to $2,000; jail |
| | |up to 1 year. (PC § |
| | |243.25.) |
|---------------------+---------------------+---------------------|
|Parking control |Simple assault | |
|officer |against a parking | |
| |control officer: up | |
| |to 6 months in jail; | |
| |fine up to $2,000, | |
| |or both. (PC § | |
| |241(b).) | |
|---------------------+---------------------+---------------------|
|Specified safety and |Simple assault |(1) Simple battery |
---------------------------
<4> Specifically, the defendant's spouse, former spouse,
cohabitant, former cohabitant, or the mother or father of his or
her child.
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|health personnel<5> |against specified |against specified |
| |safety and health |safety and health |
| |personnel (PC § |personnel<6> (PC § |
| |241(c).): Up to 1 |243(b)): Up to 1 |
| |year in jail; fine |year in jail; fine |
| |up to $2000, or |up to $2,000, or |
| |both. |both; |
| | |(2) injury |
| | |inflicted on these |
| | |persons: wobbler |
| | |(up to 1 year in |
| | |jail, or 16/2/3 |
| | |prison or jail |
| | |felony; fine up to |
| | |$2000, or both. (PC |
| | |§ 243(c)(1).) |
|---------------------+---------------------+---------------------|
|Peace officer | |Simple battery: |
|engaged in the | |wobbler (up to 1 |
|performance of his | |year in jail or |
|or her duties, on or | |16/2/3 prison or |
|off duty, including | |jail felony; fine up |
|when officer is in a | |to $10,000, or both. |
|police uniform and | | (PC § 243(c)(1).) |
|is performing duties | | |
|while also employed | | |
|in a | | |
|private capacity as | | |
|a part-time or | | |
|casual private | | |
|security guard or | | |
|patrolman | | |
|---------------------+---------------------+---------------------|
---------------------------
<5> Specifically, a peace officer, firefighter, emergency
medical technician, mobile intensive care paramedic, lifeguard,
process server, traffic officer, code enforcement officer,
animal control officer or search and rescue member engaged in
the performance of his or her duties, or a physician or nurse
engaged in rendering emergency medical care outside a hospital,
clinic, or other health care facility.
<6> Id.
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|Custodial officer<7> |Simple assault |Simple battery (PC § |
| |against a custodial |243.1); prison |
| |officer: Up to 1 |16/2/3. |
| |year in jail, or 18 | |
| |months, 2 or 3 years | |
| |in prison. (PC § | |
| |241.1.) | |
|---------------------+---------------------+---------------------|
|Custodial officer |Assault with a | |
| |deadly weapon or | |
| |instrument or by any | |
| |means likely to | |
| |produce great bodily | |
| |injury: prison | |
| |3/4/5. (PC § | |
| |245.3.) | |
|---------------------+---------------------+---------------------|
| | | |
|---------------------+---------------------+---------------------|
| Victim | Assault: | Battery: |
| | Crime/Penalty | Crime/Penalty |
|---------------------+---------------------+---------------------|
|School district |Simple assault | |
|peace officer |against a peace | |
| |officer engaged in | |
| |the performance of | |
| |his or her | |
| |duties as a member | |
| |of a police | |
| |department of a | |
| |school district: up | |
| |to 1 year in jail or | |
| |18 months, 2 or 3 | |
---------------------------
<7> Custodial officers as defined in Penal Code sections 831
or 831.1.
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| |years in prison. | |
| |(PC § 241.1.) | |
| | | |
|---------------------+---------------------+---------------------|
|School employee |Simple assault |(1) Simple battery: |
| |against a school |jail up to 1 year, |
| |employee Up to 1 |fine up to $2,000, |
| |year in jail; fine |or both; |
| |up to $2000, or |(2) injury |
| |both. (PC § 241.6.) |inflicted: wobbler: |
| | | jail up to a year |
| | |and/or fine up to |
| | |$2,000, or prison or |
| | |jail felony 16/2/3. |
| | |(PC § 243.6.) |
|---------------------+---------------------+---------------------|
|School employee |Assault with a | |
| |deadly weapon | |
| |or instrument, other | |
| |than a firearm, or | |
| |by any means likely | |
| |to produce great | |
| |bodily injury: | |
| |wobbler: jail up to | |
| |a year or prison | |
| |3/4/5. (PC § | |
| |245.5(a).) | |
|---------------------+---------------------+---------------------|
|School employee |Assault with a | |
| |firearm: jail not | |
| |less than 6 months, | |
| |or prison 4/6/8. | |
| |(PC § 245.5(b).) | |
|---------------------+---------------------+---------------------|
|School employee |Assault with a stun | |
| |gun or taser: | |
| |wobbler: jail up to | |
| |a year or prison | |
| |2/3/4. (PC § | |
| |245.5(c).) | |
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AB 921 (Jones-Sawyer)
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|---------------------+---------------------+---------------------|
|Juror |Simple assault (PC § |Simple battery: |
| |241.7): up to 1 year |wobbler: jail up to |
| |in jail; fine up to |a year, fine up to |
| |$2,000, or both. |$5,000, or both, or |
| | |prison 16/2/3. (PC |
| | |§ 243.7.) |
|---------------------+---------------------+---------------------|
| | | |
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| Victim | Assault: | Battery: |
| | Crime/Penalty | Crime/Penalty |
|---------------------+---------------------+---------------------|
|Member of the |Simple assault: up |Simple battery: |
|military because of |to 1 year in jail; |jail up to 1 year, |
|their service. |fine up to $2,000, |fine up to $2,000, |
| |or both. (PC § |or both. (PC § |
| |241.8.) |243.10(a).) |
|---------------------+---------------------+---------------------|
|Operator, driver, or |Assault with a |(1) Simple battery: |
|passenger on a bus, |deadly weapon or | fine up to $10,000, |
|taxicab, streetcar, |instrument or by any |jail up to 1 year, |
|cable car, trackless |means of force |or both; |
|trolley, or other |likely to produce |(2) Injury |
|motor vehicle, |great bodily injury: |inflicted: fine up |
|including a vehicle | prison 3/4/5. (PC |to $10,000, and |
|operated on |§ 245.2.) |wobbler: up to 1 |
|stationary rails or | |year in jail or |
|on a track or rail | |prison 16/2/3. (PC § |
|suspended in the | |243.3.) |
|air, used for the | | |
|transportation of | | |
|persons for hire, or | | |
|against a | | |
|schoolbus driver, or | | |
|against the person | | |
|of a station agent | | |
|or ticket agent for | | |
|the entity providing | | |
|the transportation. | | |
|---------------------+---------------------+---------------------|
|Sports official | |Simple battery: |
|immediately prior | |jail up to 1 year, |
|to, during, or | |fine up to $2,000, |
|immediately | |or both. (PC § |
|following an | |243.8.) |
|interscholastic, | | |
|intercollegiate, or | | |
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|any other organized | | |
|amateur or | | |
|professional | | |
|athletic contest. | | |
|---------------------+---------------------+---------------------|
|Peace officer or | |Battery by gassing: |
|local detention | |jail or prison |
|facility employee. | |2/3/4. (PC § |
| | |243.9.) |
|---------------------+---------------------+---------------------|
|Highway worker |Fine up to $2,000, |Fine up to $2,000, |
| |up to one year in |jail up to one year, |
| |jail, or both fine |or both fine and |
| |and imprisonment. |imprisonment. (PC § |
| |(PC § 241.5.) |243.65.) |
| | | |
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