BILL ANALYSIS Ó
AB 172
Page 1
ASSEMBLY THIRD READING
AB
172 (Rodriguez)
As Amended May 28, 2015
Majority vote
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|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 | |
| | | | |
| | | | |
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SUMMARY: Increases the penalties for assault and battery
committed against a physician, nurse, or other health care worker
AB 172
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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
AB 172
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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