BILL ANALYSIS Ó
AB 172
Page 1
Date of Hearing: March 25, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB
172 (Rodriguez) - As Introduced January 22, 2015
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Urgency: No State Mandated Local Program: YesReimbursable:
No
SUMMARY:
This bill increases the penalties for assault and battery
committed against a physician, nurse, or other health care
worker engaged in performing services within the emergency
AB 172
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department. Specifically, this bill:
Increases the penalties from up to six months in county jail
and/or a fine of up to $1,000, to up to a year in county jail
and/or a fine of up to $2,000. If a serious injury is
sustained, or weapons are used, the penalty increases to a
felony punishable by a fine up to $2,000, and/or one year in
county jail; or by jail time of 16 months, two or three years.
If the assailant has a prior or current serious felony
conviction, the executed sentence for a felony is served in
state prison.
FISCAL EFFECT:
Unknown potential increase in state prison commitments in cases
where the assailant has a prior or current conviction for a
serious felony. If six or more offenders that have a prior or
current serious felony conviction are convicted of a felony, and
assuming the annual contracted bed rate of $27,000 per inmate,
the annual General Fund costs would exceed $150,000.
Likely negligible non-reimbursable local costs for increased
county incarceration, potentially offset by a negligible
increase in fine revenue.
Unknown savings to various state programs, such as Medi-Cal or
Community Colleges, if the increased penalties deter assaults
against emergency room staff.
COMMENTS:
1)Purpose: According to the author, "AB 172 specifically,
AB 172
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increases the penalties for an assault or battery committed
against a healthcare worker providing emergency services
inside the emergency department equal to the existing
punishment for an assault or battery committed outside a
hospital, clinic, or other health care facility"
2)Background: Current law defines assault as an unlawful
attempt, coupled with a present ability, to commit a violent
injury on another person, and defines battery as a willful and
unlawful use of force against another person.
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 jail or both; or by jail time of 16 months, two or
three years.
3)Opposition: Legal Services for Prisoners with Children state,
"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
to address."
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4)Prior legislation:
a) SB 390 (La Malfa), Chapter 249, Statutes of 2011,
increased the penalties for assault and battery against 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 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 a
highway worker engaged in the performance of his or her
duty.
Analysis Prepared by:Pedro Reyes / APPR. / (916)
319-2081