BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                       AB 172


                                                                      Page  1





          ASSEMBLY THIRD READING


          AB  
          172 (Rodriguez)


          As Amended  May 28, 2015


          Majority vote


           ------------------------------------------------------------------- 
          |Committee       |Votes |Ayes                |Noes                  |
          |                |      |                    |                      |
          |                |      |                    |                      |
          |----------------+------+--------------------+----------------------|
          |Public Safety   |6-0   |Quirk, Melendez,    |                      |
          |                |      |Gonzalez, Lackey,   |                      |
          |                |      |Low, Santiago       |                      |
          |                |      |                    |                      |
          |----------------+------+--------------------+----------------------|
          |Appropriations  |17-0  |Gomez, Bigelow,     |                      |
          |                |      |Bonta, Calderon,    |                      |
          |                |      |Chang, Daly,        |                      |
          |                |      |Eggman, Gallagher,  |                      |
          |                |      |Eduardo Garcia,     |                      |
          |                |      |Gordon, Holden,     |                      |
          |                |      |Jones, Quirk,       |                      |
          |                |      |Rendon, Wagner,     |                      |
          |                |      |Weber, Wood         |                      |
          |                |      |                    |                      |
          |                |      |                    |                      |
           ------------------------------------------------------------------- 


          SUMMARY:  Increases the penalties for assault and battery  
          committed against a physician, nurse, or other health care worker  








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          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  
            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 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  
            criminal conviction.  All staff have the right to carry out  
            their work without fearing for their safety.


          4)Defines "nurse" as a licensed nurse of a hospital providing  
            services within the emergency department.










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          5)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.  
          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.  


          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.  


          4)Defines "battery" as any willful and unlawful use of force or  








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            violence upon the person of another.  


          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.  


          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 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.  


          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.  









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          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.  


          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee:


          1)Likely non-reimbursable local costs for increased county  
            incarceration, potentially offset by a negligible increase in  
            fine revenue.
          2)Unknown savings to various state programs, such as Medi-Cal or  
            Community Colleges, if the increased penalties deter assaults  
            against emergency room staff.


          COMMENTS:  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  
          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.










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          "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."




          Analysis Prepared by:                                  Gregory  
                          Pagan and Stella Choe / PUB. S. / (916) 319-3744   
          FN: 0000730