AB 172, as amended, Rodriguez. Emergency departments: assaults and batteries.
(1) Existing law defines an assault as an unlawful attempt, coupled with present ability, to commit a violent injury on the person of another. Under existing law, an assault committed against a physician or nurse engaged in rendering emergency medical care outside a hospital, clinic, or other health care facility is punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding $2,000, or by both that fine and imprisonment.
This bill would also make an assault committed against a physician, nurse, or other health care worker of a hospital engaged in providing services within the emergency department punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding $2,000, or by both that fine and imprisonment. By expanding the scope of a crime, this bill would impose a state-mandated local program.
(2) Existing law defines a battery as any willful and unlawful use of force or violence upon the person of another. Under existing law a battery committed against a physician or nurse engaged in rendering emergency medical care outside a hospital, clinic, or other health care facility is punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding $2,000, or by both that fine and imprisonment.
This bill would also make a battery committed against a physician, nurse, or other health care worker of a hospital engaged in providing services within the emergency department punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding $2,000, or by both that fine and imprisonment. By expanding the scope of a crime, this bill would impose a state-mandated local program.
(3) This bill wouldbegin delete allowend deletebegin insert authorizeend insert a health facility that maintains and operates an emergency department to post a notice in the emergency department stating that an assault or battery against staff is a crime, and may result in a criminal conviction, as provided.
(4) This bill would incorporate additional changes to Section 243 of the Penal Code proposed by AB 545 that would become operative if this bill and AB 545 are both enacted and this bill is enacted last.
end insert(4)
end deletebegin insert(5)end insert The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 1317.5a is added to the Health and Safety
2Code, to read:
A health facility licensed under this chapter that
4maintains and operates an emergency department may post a notice
5in a conspicuous place in the emergency department stating
6substantially the following:
8WE WILL NOT TOLERATE any form of threatening or
9aggressive behavior toward our staff. Assaults and batteries against
10our staff are crimes and may result in a criminal conviction. All
P3 1staff have the right to carry out their work without fearing for their
2safety.
Section 241 of the Penal Code is amended to read:
(a) An assault is punishable by a fine not exceeding one
6thousand dollars ($1,000), or by imprisonment in the county jail
7not exceeding six months, or by both the fine and imprisonment.
8(b) When an assault is committed against the person of a parking
9control officer engaged in the performance of his or her duties,
10and the person committing the offense knows or reasonably should
11know that the victim is a parking control officer, the assault is
12punishable by a fine not exceeding two thousand dollars ($2,000),
13or by imprisonment in the county jail not exceeding six months,
14or by both the fine and imprisonment.
15(c) When an assault is
committed against the person of a peace
16officer, firefighter, emergency medical technician, mobile intensive
17care paramedic, lifeguard, process server, traffic officer, code
18enforcement officer, animal control officer, or search and rescue
19member engaged in the performance of his or her duties, or a
20physician or nurse engaged in rendering emergency medical care
21outside a hospital, clinic, or other health care facility, or a
22physician, nurse, or other health care worker of a hospital engaged
23in providing services within the emergency department, and the
24person committing the offense knows or reasonably should know
25that the victim is a peace officer, firefighter, emergency medical
26technician, mobile intensive care paramedic, lifeguard, process
27server, traffic officer, code enforcement officer, animal control
28officer, or search and rescue member engaged in the performance
29of his or her duties, or a
physician or nurse engaged in rendering
30emergency medical care, or a physician, nurse, or other health care
31worker of a hospital engaged in providing services within the
32emergency department, the assault is punishable by a fine not
33exceeding two thousand dollars ($2,000), or by imprisonment in
34a county jail not exceeding one year, or by both the fine and
35imprisonment.
36(d) As used in this section, the following definitions apply:
37(1) Peace officer means any person defined in Chapter 4.5
38(commencing with Section 830) of Title 3 of Part 2.
39(2) “Emergency medical technician” means a person possessing
40a valid course completion certificate from a program approved by
P4 1the State Department of Health Care Services for the
medical
2training and education of ambulance personnel, and who meets
3the standards of Division 2.5 (commencing with Section 1797) of
4the Health and Safety Code.
5(3) “Mobile intensive care paramedic” refers to those persons
6who meet the standards set forth in Division 2.5 (commencing
7with Section 1797) of the Health and Safety Code.
8(4) “Nurse” means a person who meets the standards of Division
92.5 (commencing with Section 1797) of the Health and Safety
10Code or a nurse of a hospital engaged in providing services within
11the emergency department.
12(5) “Lifeguard” means a person who is:
13(A) Employed as a lifeguard by the state, a county, or a city,
14and is
designated by local ordinance as a public officer who has a
15duty and responsibility to enforce local ordinances and
16
misdemeanors through the issuance of citations.
17(B) Wearing distinctive clothing which includes written
18identification of the person’s status as a lifeguard and which clearly
19identifies the employing organization.
20(6) “Process server” means any person who meets the standards
21or is expressly exempt from the standards set forth in Section 22350
22of the Business and Professions Code.
23(7) “Traffic officer” means any person employed by a county
24or city to monitor and enforce state laws and local ordinances
25relating to parking and the operation of vehicles.
26(8) “Animal control officer” means any person employed by a
27county or city for purposes of enforcing
animal control laws or
28regulations.
29(9) (A) “Code enforcement officer” means any person who is
30not described in Chapter 4.5 (commencing with Section 830) of
31Title 3 of Part 2 and who is employed by any governmental
32subdivision, public or quasi-public corporation, public agency,
33public service corporation, any town, city, county, or municipal
34corporation, whether incorporated or chartered, that has
35enforcement authority for health, safety, and welfare requirements,
36and whose duties include enforcement of any statute, rules,
37regulations, or standards, and who is authorized to issue citations,
38or file formal complaints.
39(B) “Code enforcement officer” also includes any person who
40is employed by the Department of Housing and Community
P5 1Development
who has enforcement authority for health, safety,
2and welfare requirements pursuant to the Employee Housing Act
3(Part 1 (commencing with Section 17000) of Division 13 of the
4Health and Safety Code); the State Housing Law (Part 1.5
5(commencing with Section 17910) of Division 13 of the Health
6and Safety Code); the Manufactured Housing Act of 1980 (Part 2
7(commencing with Section 18000) of Division 13 of the Health
8and Safety Code); the Mobilehome Parks Act (Part 2.1
9(commencing with Section 18200) of Division 13 of the Health
10and Safety Code); and the Special Occupancy Parks Act (Part 2.3
11(commencing with Section 18860) of Division 13 of the Health
12and Safety Code).
13(10) “Parking control officer” means any person employed by
14a city, county, or city and county, to monitor and enforce state
15laws and local ordinances relating to parking.
16(11) “Search and rescue member” means any person who is part
17of an organized search and rescue team managed by a governmental
18agency.
19(12) “Health care worker” means a person who, in the course
20and scope of employment or as a volunteer, performs duties directly
21associated with the care and treatment rendered by the hospital’s
22emergency department or the security thereof.
Section 243 of the Penal Code is amended to read:
(a) A battery is punishable by a fine not exceeding two
25thousand dollars ($2,000), or by imprisonment in a county jail not
26exceeding six months, or by both that fine and imprisonment.
27(b) When a battery is committed against the person of a peace
28officer, custodial officer, firefighter, emergency medical technician,
29lifeguard, security officer, custody assistant, process server, traffic
30officer, code enforcement officer, animal control officer, or search
31and rescue member engaged in the performance of his or her duties,
32whether on or off duty, including when the peace officer is in a
33police uniform and is concurrently performing the duties required
34of him or her as a peace officer while also
employed in a private
35capacity as a part-time or casual private security guard or
36patrolman, or a nonsworn employee of a probation department
37engaged in the performance of his or her duties, whether on or off
38duty, or a physician or nurse engaged in rendering emergency
39medical care outside a hospital, clinic, or other health care facility,
40or a physician, nurse, or other health care worker of a hospital
P6 1engaged in providing services within the emergency department,
2and the person committing the offense knows or reasonably should
3know that the victim is a peace officer, custodial officer, firefighter,
4emergency medical technician, lifeguard, security officer, custody
5assistant, process server, traffic officer, code enforcement officer,
6animal control officer, or search and rescue member engaged in
7the performance of his or her duties, nonsworn employee of a
8probation department, or a physician or
nurse engaged in rendering
9emergency medical care, or a physician, nurse, or other health care
10worker of a hospital engaged in providing services within the
11emergency department, the battery is punishable by a fine not
12exceeding two thousand dollars ($2,000), or by imprisonment in
13a county jail not exceeding one year, or by both that fine and
14imprisonment.
15(c) (1) When a battery is committed against a custodial officer,
16firefighter, emergency medical technician, lifeguard, process server,
17traffic officer, or animal control officer engaged in the performance
18of his or her duties, whether on or off duty, or a nonsworn
19employee of a probation department engaged in the performance
20of his or her duties, whether on or off duty, or a physician or nurse
21engaged in rendering emergency medical care outside a hospital,
22clinic,
or other health care facility,
and the person committing the
23offense knows or reasonably should know that the victim is a
24nonsworn employee of a probation department, custodial officer,
25firefighter, emergency medical technician, lifeguard, process server,
26traffic officer, or animal control officer engaged in the performance
27of his or her duties, or a physician or nurse engaged in rendering
28emergency medical care and an injury is inflicted on that victim,
29the battery is punishable by a fine of not more than two thousand
30dollars ($2,000), by imprisonment in a county jail not exceeding
31one year, or by both that fine and imprisonment, or by
32
imprisonment pursuant to subdivision (h) of Section 1170 for 16
33months, or two or three years.
34(2) When the battery specified in paragraph (1) is committed
35against a peace officer engaged in the performance of his or her
36duties, whether on or off duty, including when the peace officer
37is in a police uniform and is concurrently performing the duties
38required of him or her as a peace officer while also employed in
39a private capacity as a part-time or casual private security guard
40or patrolman and the person committing the offense knows or
P7 1reasonably should know that the victim is a peace officer engaged
2in the performance of his or her duties, the battery is punishable
3by a fine of not more than ten thousand dollars ($10,000), or by
4imprisonment in a county jail not exceeding one year or pursuant
5to subdivision (h) of Section
1170 for 16 months, or two or three
6years, or by both that fine and imprisonment.
7(d) When a battery is committed against any person and serious
8bodily injury is inflicted on the person, the battery is punishable
9by imprisonment in a county jail not exceeding one year or
10imprisonment pursuant to subdivision (h) of Section 1170 for two,
11three, or four years.
12(e) (1) When a battery is committed against a spouse, a person
13with whom the defendant is cohabiting, a person who is the parent
14of the defendant’s child, former spouse, fiancé, or fiancée, or a
15person with whom the defendant currently has, or has previously
16had, a dating or engagement relationship, the battery is punishable
17by a fine not exceeding two thousand dollars ($2,000), or by
18imprisonment in a
county jail for a period of not more than one
19year, or by both that fine and imprisonment. If probation is granted,
20or the execution or imposition of the sentence is suspended, it shall
21be a condition thereof that the defendant participate in, for no less
22than one year, and successfully complete, a batterer’s treatment
23program, as described in Section 1203.097, or if none is available,
24another appropriate counseling program designated by the court.
25However, this provision shall not be construed as requiring a city,
26a county, or a city and county to provide a new program or higher
27level of service as contemplated by Section 6 of Article XIII B of
28the California Constitution.
29(2) Upon conviction of a violation of this subdivision, if
30probation is granted, the conditions of probation may include, in
31lieu of a fine, one or
both of the following requirements:
32(A) That the defendant make payments to a battered women’s
33shelter, up to a maximum of five thousand dollars ($5,000).
34(B) That the defendant reimburse the victim for reasonable costs
35of counseling and other reasonable expenses that the court finds
36are the direct result of the defendant’s offense.
37For any order to pay a fine, make payments to a battered
38women’s shelter, or pay restitution as a condition of probation
39under this subdivision, the court shall make a determination of the
40defendant’s ability to pay. In no event shall any order to make
P8 1payments to a battered women’s shelter be made if it would impair
2the ability of the defendant to pay direct restitution to the victim
3or court-ordered child support.
If the injury to a married person is
4caused in whole or in part by the criminal acts of his or her spouse
5in violation of this section, the community property shall not be
6used to discharge the liability of the offending spouse for restitution
7to the injured spouse, required by Section 1203.04, as operative
8on or before August 2, 1995, or Section 1202.4, or to a shelter for
9costs with regard to the injured spouse and dependents, required
10by this section, until all separate property of the offending spouse
11is exhausted.
12(3) Upon conviction of a violation of this subdivision, if
13probation is granted or the execution or imposition of the sentence
14is suspended and the person has been previously convicted of a
15violation of this subdivision and sentenced under paragraph (1),
16the person shall be imprisoned for not less than 48 hours in addition
17to
the conditions in paragraph (1). However, the court, upon a
18showing of good cause, may elect not to impose the mandatory
19minimum imprisonment as required by this subdivision and may,
20under these circumstances, grant probation or order the suspension
21of the execution or imposition of the sentence.
22(4) The Legislature finds and declares that these specified crimes
23merit special consideration when imposing a sentence so as to
24
display society’s condemnation for these crimes of violence upon
25victims with whom a close relationship has been formed.
26(5) If a peace officer makes an arrest for a violation of paragraph
27(1), the peace officer is not required to inform the victim of his or
28her right to make a citizen’s arrest pursuant to subdivision (b) of
29Section 836.
30(f) As used in this section:
31(1) “Peace officer” means any person defined in Chapter 4.5
32(commencing with Section 830) of Title 3 of Part 2.
33(2) “Emergency medical technician” means a person who is
34either an EMT-I, EMT-II, or EMT-P (paramedic), and possesses
35a valid certificate or license in accordance with the
standards of
36Division 2.5 (commencing with Section 1797) of the Health and
37Safety Code.
38(3) “Nurse” means a person who meets the standards of Division
392.5 (commencing with Section 1797) of the Health and Safety
P9 1Code or a nurse of a hospital engaged in providing services within
2the emergency department.
3(4) “Serious bodily injury” means a serious impairment of
4physical condition, including, but not limited to, the following:
5loss of consciousness; concussion; bone fracture; protracted loss
6or impairment of function of any bodily member or organ; a wound
7requiring extensive suturing; and serious disfigurement.
8(5) “Injury” means any physical injury which requires
9professional medical treatment.
10(6) “Custodial officer” means any person who has the
11responsibilities and duties described in Section 831 and who is
12employed by a law enforcement agency of any city or county or
13who performs those duties as a volunteer.
14(7) “Lifeguard” means a person defined in paragraph (5) of
15subdivision (d) of Section 241.
16(8) “Traffic officer” means any person employed by a city,
17county, or city and county to monitor and enforce state laws and
18local ordinances relating to parking and the operation of vehicles.
19(9) “Animal control officer” means any person employed by a
20city, county, or city and county for purposes of enforcing animal
21control laws or regulations.
22(10) “Dating relationship” means frequent, intimate associations
23primarily characterized by the expectation of affectional or sexual
24involvement independent of financial considerations.
25(11) (A) “Code enforcement officer” means any person who
26is not described in Chapter 4.5 (commencing with Section 830) of
27Title 3 of Part 2 and who is employed by any governmental
28subdivision, public or quasi-public corporation, public agency,
29public service corporation, any town, city, county, or municipal
30corporation, whether incorporated or chartered, who has
31enforcement authority for health, safety, and welfare requirements,
32and whose duties include enforcement of any statute, rules,
33regulations, or standards, and who is authorized to issue citations,
34or file formal
complaints.
35(B) “Code enforcement officer” also includes any person who
36is employed by the Department of Housing and Community
37Development who has enforcement authority for health, safety,
38and welfare requirements pursuant to the Employee Housing Act
39(Part 1 (commencing with Section 17000) of Division 13 of the
40Health and Safety Code); the State Housing Law (Part 1.5
P10 1(commencing with Section 17910) of Division 13 of the Health
2and Safety Code); the Manufactured Housing Act of 1980 (Part 2
3(commencing with Section 18000) of Division 13 of the Health
4and Safety Code); the Mobilehome Parks Act (Part 2.1
5(commencing with Section 18200) of Division 13 of the Health
6and Safety Code); and the Special Occupancy Parks Act (Part 2.3
7(commencing with Section 18860) of Division 13 of the Health
8and Safety Code).
9(12) “Custody assistant” means any person who has the
10responsibilities and duties described in Section 831.7 and who is
11employed by a law enforcement agency of any city, county, or city
12and county.
13(13) “Search and rescue member” means any person who is part
14of an organized search and rescue team managed by a government
15agency.
16(14) “Security officer” means any person who has the
17responsibilities and duties described in Section 831.4 and who is
18employed by a law enforcement agency of any city, county, or city
19and county.
20(15) “Health care worker” means a person who, in the course
21and scope of employment or as a volunteer, performs duties directly
22associated
with the care and treatment rendered by the hospital’s
23emergency department or the security thereof.
24(g) It is the intent of the Legislature by amendments to this
25section at the 1981-82 and 1983-84 Regular Sessions to abrogate
26the holdings in cases such as People v. Corey, 21 Cal.3d 738, and
27Cervantez v. J.C. Penney Co., 24 Cal.3d 579, and to reinstate prior
28judicial interpretations of this section as they relate to criminal
29sanctions for battery on peace officers who are employed, on a
30part-time or casual basis, while wearing a police uniform as private
31security guards or patrolmen and to allow the exercise of peace
32officer powers concurrently with that employment.
begin insertSection 243 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert
(a) A battery is punishable by a fine not exceeding two
35thousand dollars ($2,000), or by imprisonment in a county jail not
36exceeding six months, or by both that fine and imprisonment.
37(b) When a battery is committed against the person of a peace
38officer, custodial officer, firefighter, emergency medical technician,
39lifeguard, security officer, custody assistant, process server, traffic
40officer, code enforcement officer, animal control officer, or search
P11 1and rescue member engaged in the performance of his or her duties,
2whether on or off duty, including when the peace officer is in a
3police uniform and is concurrently performing the duties required
4of him or her as a peace officer while also employed in a private
5capacity as a part-time or casual private security
guard or
6patrolman, or a nonsworn employee of a probation department
7engaged in the performance of his or her duties, whether on or off
8duty, or a physician or nurse engaged in rendering emergency
9medical care outside a hospital, clinic, or other health care facility,
10begin insert or a physician, nurse, or other health care worker of a hospital
11engaged in providing services within the emergency department,end insert
12 and the person committing the offense knows or reasonably should
13know that the victim is a peace officer, custodial officer, firefighter,
14emergency medical technician, lifeguard, security officer, custody
15assistant, process server, traffic officer, code enforcement officer,
16animal control officer, or search and rescue member engaged in
17the performance of his or her duties, nonsworn employee of a
18probation department, or a physician or nurse engaged in rendering
19emergency medical care,begin insert
or a physician, nurse, or other health
20care worker of a hospital engaged in providing services within the
21emergency department,end insert the battery is punishable by a fine not
22exceeding two thousand dollars ($2,000), or by imprisonment in
23a county jail not exceeding one year, or by both that fine and
24imprisonment.
25(c) (1) When a battery is committed against a custodial officer,
26firefighter, emergency medical technician, lifeguard, process server,
27traffic officer, or animal control officer engaged in the performance
28of his or her duties, whether on or off duty, or a nonsworn
29employee of a probation department engaged in the performance
30of his or her duties, whether on or off duty, or a physician or nurse
31engaged in rendering emergency medical care outside a hospital,
32clinic, or other health care facility, and the person committing the
33offense knows or reasonably should know that the victim
is a
34nonsworn employee of a probation department, custodial officer,
35firefighter, emergency medical technician, lifeguard, process server,
36traffic officer, or animal control officer engaged in the performance
37of his or her duties, or a physician or nurse engaged in rendering
38emergency medicalbegin delete care,end deletebegin insert careend insert and an injury is inflicted on that
39victim, the battery is punishable by a fine of not more than two
40thousand dollars ($2,000), by imprisonment in a county jail not
P12 1exceeding one year, or by both that fine and imprisonment, or by
2imprisonment pursuant to subdivision (h) of Section 1170 for 16
3months, or two or three years.
4(2) When the battery specified in paragraph (1) is committed
5against a peace officer engaged in the performance of his or her
6duties,
whether on or off duty, including when the peace officer
7is in a police uniform and is concurrently performing the duties
8required of him or her as a peace officer while also employed in
9a private capacity as a part-time or casual private security guard
10or patrolman and the person committing the offense knows or
11reasonably should know that the victim is a peace officer engaged
12in the performance of his or her duties, the battery is punishable
13by a fine of not more than ten thousand dollars ($10,000), or by
14imprisonment in a county jail not exceeding one year or pursuant
15to subdivision (h) of Section 1170 for 16 months, or two or three
16years, or by both that fine and imprisonment.
17(d) When a battery is committed against any person and serious
18bodily injury is inflicted on the person, the battery is punishable
19by imprisonment in a county jail not exceeding one year or
20imprisonment pursuant to subdivision (h) of Section 1170 for two,
21three, or
four years.
22(e) (1) When a battery is committed against a spouse, a person
23with whom the defendant is cohabiting, a person who is the parent
24of the defendant’s child, former spouse, fiancé, or fiancée, or a
25person with whom the defendant currently has, or has previously
26had, a dating or engagement relationship, the battery is punishable
27by a fine not exceeding two thousand dollars ($2,000), or by
28imprisonment in a county jail for a period of not more than one
29year, or by both that fine and imprisonment. If probation is granted,
30or the execution or imposition of the sentence is suspended, it shall
31be a condition thereof that the defendant participate in, for no less
32than one year, and successfully complete, a batterer’s treatment
33program, as described in Section 1203.097, or if none is available,
34another appropriate counseling program designated by the court.
35However, this provision shall not be construed as requiring a
city,
36a county, or a city and county to provide a new program or higher
37level of service as contemplated by Section 6 of Article XIII B of
38the California Constitution.
P13 1(2) Upon conviction of a violation of this subdivision, if
2probation is granted, the conditions of probation may include, in
3lieu of a fine, one or both of the following requirements:
4(A) That the defendant make payments to a battered women’s
5shelter, up to a maximum of five thousand dollars ($5,000).
6(B) That the defendant reimburse the victim for reasonable costs
7of counseling and other reasonable expenses that the court finds
8are the direct result of the defendant’s offense.
9For any order to pay a fine, make payments to a battered
10women’s shelter, or pay restitution as a condition of
probation
11under this subdivision, the court shall make a determination of the
12defendant’s ability to pay. In no event shall any order to make
13payments to a battered women’s shelter be made if it would impair
14the ability of the defendant to pay direct restitution to the victim
15or court-ordered child support. If the injury to a married person is
16caused in whole or in part by the criminal acts of his or her spouse
17in violation of this section, the community property shall not be
18used to discharge the liability of the offending spouse for restitution
19to the injured spouse, required by Section 1203.04, as operative
20on or before August 2, 1995, or Section 1202.4, or to a shelter for
21costs with regard to the injured spouse and dependents, required
22by this section, until all separate property of the offending spouse
23is exhausted.
24(3) Upon conviction of a violation of this subdivision, if
25probation is granted or the execution or imposition of the
sentence
26is suspended and the person has been previously convicted of a
27violation of this subdivisionbegin delete and sentenced under paragraph (1),end delete
28begin insert or Section 273.5,end insert the person shall be imprisoned for not less than
2948 hours in addition to the conditions in paragraph (1). However,
30the court, upon a showing of good cause, may elect not to impose
31the mandatory minimum imprisonment as required by this
32subdivision and may, under these circumstances, grant probation
33or order the suspension of the execution or imposition of the
34sentence.
35(4) The Legislature finds and declares that these specified crimes
36merit special consideration when imposing a sentence so as to
37display society’s condemnation for these crimes of violence upon
38victims with whom a close relationship has
been formed.
39(5) If a peace officer makes an arrest for a violation of paragraph
40begin delete (1) of subdivision (e) of this section,end deletebegin insert (1),end insert the peace officer is not
P14 1required to inform the victim of his or her right to make a citizen’s
2arrest pursuant to subdivision (b) of Section 836.
3(f) As used in this section:
4(1) “Peace officer” means any person defined in Chapter 4.5
5(commencing with Section 830) of Title 3 of Part 2.
6(2) “Emergency medical technician” means a person who is
7either an EMT-I, EMT-II, or EMT-P (paramedic), and possesses
8a valid certificate or license in
accordance with the standards of
9Division 2.5 (commencing with Section 1797) of the Health and
10Safety Code.
11(3) “Nurse” means a person who meets the standards of Division
122.5 (commencing with Section 1797) of the Health and Safety
13begin delete Code.end deletebegin insert Code or a nurse of a hospital engaged in providing services
14within the emergency department.end insert
15(4) “Serious bodily injury” means a serious impairment of
16physical condition, including, but not limited to, the following:
17loss of consciousness; concussion; bone fracture; protracted loss
18or impairment of function of any bodily member or organ; a wound
19requiring extensive suturing; and serious disfigurement.
20(5) “Injury” means any physical injury which requires
21professional medical treatment.
22(6) “Custodial officer” means any person who has the
23responsibilities and duties described in Section 831 and who is
24employed by a law enforcement agency of any city or county or
25who performs those duties as a volunteer.
26(7) “Lifeguard” means a person defined in paragraph (5) of
27subdivision (d) of Section 241.
28(8) “Traffic officer” means any person employed by a city,
29county, or city and county to monitor and enforce state laws and
30local ordinances relating to parking and the operation of vehicles.
31(9) “Animal control officer” means any person employed by a
32city, county, or city and county for purposes of enforcing animal
33control laws or regulations.
34(10) “Dating relationship” means frequent, intimate associations
35primarily characterized by the expectation of affectional or sexual
36involvement independent of financial considerations.
37(11) (A) “Code enforcement officer” means any person who
38is not described in Chapter 4.5 (commencing with Section 830) of
39Title 3 of Part 2 and who is employed by any governmental
40subdivision, public or quasi-public corporation, public agency,
P15 1public service corporation, any town, city, county, or municipal
2corporation, whether incorporated or chartered, who has
3enforcement authority for health, safety, and welfare requirements,
4and whose duties include enforcement of any statute, rules,
5regulations, or standards, and who is authorized to issue citations,
6or file formal complaints.
7(B) “Code enforcement officer”
also includes any person who
8is employed by the Department of Housing and Community
9Development who has enforcement authority for health, safety,
10and welfare requirements pursuant to the Employee Housing Act
11(Part 1 (commencing with Section 17000) of Division 13 of the
12Health and Safety Code); the State Housing Law (Part 1.5
13(commencing with Section 17910) of Division 13 of the Health
14and Safety Code); the Manufactured Housing Act of 1980 (Part 2
15(commencing with Section 18000) of Division 13 of the Health
16and Safety Code); the Mobilehome Parks Act (Part 2.1
17(commencing with Section 18200) of Division 13 of the Health
18and Safety Code); and the Special Occupancy Parks Act (Part 2.3
19(commencing with Section 18860) of Division 13 of the Health
20and Safety Code).
21(12) “Custody assistant” means any person who has the
22responsibilities and duties described in Section 831.7 and who is
23employed by a law enforcement agency of any city, county, or city
24and
county.
25(13) “Search and rescue member” means any person who is part
26of an organized search and rescue team managed by a government
27agency.
28(14) “Security officer” means any person who has the
29responsibilities and duties described in Section 831.4 and who is
30employed by a law enforcement agency of any city, county, or city
31and county.
32(15) “Health care worker” means a person who, in the course
33and scope of employment or as a volunteer, performs duties directly
34associated with the care and treatment rendered by the hospital’s
35emergency department or the security thereof.
36(g) It is the intent of the Legislature by
amendments to this
37section at the 1981-82 and 1983-84 Regular Sessions to abrogate
38the holdings in cases such as People v. Corey, 21begin delete Cal. 3dend deletebegin insert Cal.3dend insert
39 738, and Cervantez v. J.C. Penney Co., 24begin delete Cal. 3dend deletebegin insert Cal.3dend insert 579, and
40to reinstate prior judicial interpretations of this section as they
P16 1relate to criminal sanctions for battery on peace officers who are
2employed, on a part-time or casual basis, while wearing a police
3uniform as private security guards or patrolmen and to allow the
4exercise of peace officer powers concurrently with that
5employment.
Section 3.5 of this bill incorporates amendments to
7Section 243 of the Penal Code proposed by both this bill and
8Assembly Bill 545. It shall only become operative if (1) both bills
9are enacted and become effective on or before January 1, 2016,
10(2) each bill amends Section 243 of the Penal Code, and (3) this
11bill is enacted after Assembly Bill 545, in which case Section 3 of
12this bill shall not become operative.
No reimbursement is required by this act pursuant to
15Section 6 of Article XIII B of the California Constitution because
16the only costs that may be incurred by a local agency or school
17district will be incurred because this act creates a new crime or
18infraction, eliminates a crime or infraction, or changes the penalty
19for a crime or infraction, within the meaning of Section 17556 of
20the Government Code, or changes the definition of a crime within
21the meaning of Section 6 of Article XIII B of the California
22Constitution.
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