BILL ANALYSIS Ó
AB 172
Page 1
Date of Hearing: March 17, 2015
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Bill Quirk, Chair
AB
172 (Rodriguez) - As Introduced January 22, 2015
SUMMARY: Increases the penalties for assault and battery
committed against a physician, nurse, or other health care
worker engaged in performing services within the emergency
department, and the person committing the offense knows or
reasonably should know that the victim is a physician, nurse, or
other health care worker engaged in performing services within
the emergency department. Specifically, this bill:
1)Provides that when an assault is committed against a
physician, nurse, or other health care worker engaged in
performing services within the emergency department , and the
person committing the offense knows or reasonably should know
that the victim is a physician, nurse, or other health care
worker engaged in performing services within the emergency
department, the assault is punishable by a fine not to exceed
$2,000, by imprisonment in a county jail up to one year, or by
both that fine and imprisonment.
2)States that when a battery is committed against a physician,
nurse, or other health care worker engaged in performing
services within the emergency department, and the person
committing the offense knows or reasonably should know that
the victim is a physician, nurse, or other health care worker
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engaged in performing services within the emergency department
the battery shall be punished by a fine not exceeding $2,000,
by imprisonment in a county jail not exceeding one year, or by
both that fine and imprisonment.
3)Provides that when a battery is committed against a physician,
nurse, or other health care worker engaged in performing
services within the emergency department, and the person
committing the offense knows or reasonably should know that
the victim is a physician, nurse, or other health care worker
engaged in performing services within the emergency department
and an injury is inflicted on that victim the battery shall be
punished by a fine not exceeding $2,000, by imprisonment in a
county jail not exceeding one year, or by both that fine and
imprisonment, or by 16 months, two, or three years in a county
jail.
4)Provides that a licensed health facility that maintains and
operates an emergency department may post a notice in a
conspicuous place in the emergency department stating
substantially the following: WE WILL NOT TOLERATE any form of
threatening or aggressive behavior toward our staff. Assaults
and batteries against our staff are crimes and may result in a
felony conviction. All staff have the right to carry out
their work without fearing for their safety.
5)Defines "nurse" as a licensed nurse of a hospital providing
services within the emergency department.
6)Defines "health care worker" as a person who, in the course
and scope of employment or as a volunteer, performs duties
directly associated with the care and treatment rendered by
the hospital's emergency department or the security thereof.
EXISTING LAW:
1)Defines "assault" as an unlawful attempt, coupled with a
present ability, to commit a violent injury on the person of
another. (Pen. Code, § 240.)
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2)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. (Pen. Code, §
241, subd. (a).)
3)Proscribes that when an assault is committed against the
person of a peace officer, firefighter, emergency medical
technician (EMT), mobile intensive care paramedic, lifeguard,
process server, traffic officer, code enforcement officer,
animal control officer, or a 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, and the person
committing the offense knows or reasonably should know that
the victim is a peace officer, firefighter, EMT, mobile
intensive care paramedic, lifeguard, process server, traffic
officer, code enforcement officer, animal control officer, or
a search and rescue member engaged in the performance of his
or her duties, or a physician or nurse engaged in rendering
emergency medical care, the assault is punishable by a fine
not exceeding $2,000, by imprisonment in the county jail not
exceeding one year, or by both fine and imprisonment. (Pen.
Code § 241, subd. (c).)
4)Defines "battery" as any willful and unlawful use of force or
violence upon the person of another. (Pen. Code, § 242.)
5)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. (Pen. Code, § 243, subd.
(a).)
6)Provides that when a battery is committed against the person
of a peace officer, custodial officer, firefighter, EMT,
lifeguard, security officer, custody assistant, process
server, traffic officer, code enforcement officer, or animal
control officer, or search and rescue member engaged in the
performance of his or her duties, or a nonsworn employee of a
probation department engaged in the performance of his or her
duties, or a physician or nurse providing emergency medical
care outside a hospital, clinic, or other health care
facility, and the person committing the offense knows or
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reasonably should know that the victim is a peace officer,
custodial officer, firefighter, EMT, lifeguard, security
officer, custody assistant, process server, traffic officer,
code enforcement officer, or animal control officer, or search
and rescue member engaged in the performance of his or her
duties, or a nonsworn employee of a probation department
engaged in the performance of his or her duties, or a
physician or nurse providing emergency medical care, 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, two or three
years in county jail. (Pen. Code, § 243, subds. (b) & (c).)
7)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 for two, three, or four years. (Pen.
Code, § 243, subd. (d).)
8)States battery upon a peace officer engaged in the performance
of his or her duties is punishable by a fine not to exceed
$10,000, imprisonment in a county jail not to exceed one year
or for 16 months, two or three years, or by both a fine and
imprisonment. (Pen. Code, § 243, subd. (c)(2).)
FISCAL EFFECT: Unknown
COMMENTS:
1)Author's Statement: According to the author, "Under current
law, an assault or battery against a physician or nurse
rendering emergency medical care outside of a hospital, clinic
or health care facility is a misdemeanor punishable by a fine
of up to $2,000, or a one year in county jail, or both.
However, if an assault or battery occurs inside the health
care facility, the crime is punishable as a lower misdemeanor
with a jail time of up to six months. If a serious injury is
sustained, or weapons are used, a battery is a felony
punishable by a fine up to $2,000, or a one year in county
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jail or both; or by a jail time of 16 months, two or three
years.
"AB 172 specifically, increases the penalties for an assault
or battery committed against a healthcare worker providing
emergency services inside the emergency department equal to
the punishment for an assault or battery committed outside a
hospital, clinic, or other health care facility.
"Also, AB 172 allows a health facility that maintains and
operates an emergency department to post a notice in the
emergency room stating that an assault and battery against
hospital staff is a crime and may result in a felony
conviction."
2)Argument in Support: According to the California Hospital
Association, "As a community resource, hospitals have an
obligation to treat all members of the community, including
gang members, behavioral health patients, substance abusers
and victims of domestic violence. Unfortunately, these
situations may increase the chance of violence, particularly
in the emergency department. Hospitals are very concerned
about creating a safe environment for patients, employees and
visitors and this take a variety of steps to balance the
creation of a healing environment with a safe workplace. This
includes use of screening techniques, alarms and security
staff. Hospitals welcome yet another tool towards this
effort."
3)Argument in Opposition: According to Legal Services for
Prisoners with Children, "The stated goal of this bill is to
try and ensure the safety of health care workers.
Unfortunately, this bill is misguided and would not produce
the intended results. The vast majority of assaults on health
care workers are caused by individuals who are severely
mentally ill, suffering from dementia, or undergoing
significant psychological stress. Such individuals are not
likely to be deterred by the threat of an increased penalty.
Moreover, sending mentally ill individuals to jails is no
substitute for treatment. Cycling mentally ill people in and
out of jail would not prevent the assaults that AB 172 seeks
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to address."
4)Prior Legislation:
a) SB 390 (La Malfa), Chapter 249, Statutes of 2011,
increased the penalties for assault and battery against the
person of a search and rescue member engaged in the
performance of his or her duty.
b) SB 406 (Lieu), Chapter 250, Statutes of 2011, increased
the penalties for assault and battery against the person of
a security officer or custodial assistant engaged in the
performance of his or her duty.
c) SB 409 (Lowenthal), Chapter 410, Statutes of 2009,
increased the penalties for assault and battery against the
person of a highway worker engaged in the performance of
his or her duty.
d) AB 1686 (Leno), Chapter 243, Statutes of 2007, increased
the fine from $1,000 to $2,000 when an assault is committed
against a parking control officer in the performance of his
or her duty.
REGISTERED SUPPORT / OPPOSITION:
Support
California Correctional Supervisors Organization
California Hospital Association
California State Sheriffs' Association
Emergency Nurses Association
AB 172
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Los Angeles County Board of Supervisors
Opposition
California Public Defenders Association
Legal Services for Prisoners with Children
Analysis Prepared
by: Gregory Pagan/PUB. S./(916) 319-3744