BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 172


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          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








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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