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 AB 172 Page 2 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.) AB 172 Page 3 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 AB 172 Page 4 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 AB 172 Page 5 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 AB 172 Page 6 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 Page 7 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