BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON PUBLIC SAFETY
                             Senator Loni Hancock, Chair
                                2015 - 2016  Regular 

          Bill No:    AB 172        Hearing Date:    July 7, 2015    
          
           ----------------------------------------------------------------- 
          |Author:    |Rodriguez                                            |
          |-----------+-----------------------------------------------------|
          |Version:   |May 28, 2015                                         |
           ----------------------------------------------------------------- 
           ----------------------------------------------------------------- 
          |Urgency:   |No                     |Fiscal:    |Yes              |
           ----------------------------------------------------------------- 
           ----------------------------------------------------------------- 
          |Consultant:|JRD                                                  |
          |           |                                                     |
           ----------------------------------------------------------------- 


              Subject:  Emergency Departments:  Assaults and Batteries



          HISTORY

          Source:   Emergency Nurses Association California Chapter

          Prior Legislation:SB 390 (La Malfa) - Chapter 249, Statutes of  
          2011
                         SB 406 (Lieu) - Chapter 250, Statutes of 2011
                         SB 409 (Lowenthal) - Chapter 410, Statutes of  
          2009
                         AB 1686 (Leno) - Chapter 243, Statutes of 2007

          Support:  The Association of California Healthcare Districts;  
                    California College and University Police Chiefs  
                    Association; California District Attorneys  
                    Association; California Hospital Association;  
                    California State Sheriffs' Association; County of San  
                    Bernardino; Dignity Health; Los Angeles County board  
                    of Supervisors; Organization of SMUD employees; San  
                    Bernardino Public Employees Association; San Luis  
                    Obispo county Employees Association; LIUNA Locals 777  
                    and 792

          Opposition:Legal Services for Prisoners with Children

          Assembly Floor Vote:                 78 - 0







          AB 172  (Rodriguez )                                       Page  
          2 of ?
          
          
          

          PURPOSE

          The purpose of this legislation it to increase the penalties for  
          assault and battery committed against a physician, nurse, or  
          other health care worker engaged in performing services within  
          the emergency department, if 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, as specified.

          Existing law defines "assault" as an unlawful attempt, coupled  
          with a present ability, to commit a violent injury on the person  
          of another.  (Penal Code § 240.)

          Existing law 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.   
          (Penal Code § 241(a).)

          Existing law states 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.  (Penal Code § 241(c).)

          Existing law defines a battery is any willful and unlawful use  
          of force or violence upon the person of another.  (Penal Code §  
          242.) 

          Existing law makes battery punishable by a fine not exceeding  








          AB 172  (Rodriguez )                                       Page  
          3 of ?
          
          
          $2,000, by imprisonment in a county jail not exceeding six  
          months, or by both that fine and imprisonment.  (Penal Code §  
          243 (a).)

          Existing law states that when a battery is committed against the  
          person of a peace officer, custodial officer, firefighter,  
          emergency medical technician, lifeguard, security officer,  
          custody assistant, process server, traffic officer, code  
          enforcement officer, animal control officer, or search and  
          rescue member engaged in the performance of his or her duties,  
          whether on or off duty, including when the peace officer is in a  
          police uniform and is concurrently performing the duties  
          required of him or her as a peace officer while also employed in  
          a private capacity as a part-time or casual private security  
          guard or patrolman, or a nonsworn employee of a probation  
          department engaged in the performance of his or her duties,  
          whether on or off duty, 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, custodial officer, firefighter, emergency medical  
          technician, lifeguard, security officer, custody assistant,  
          process server, traffic officer, code enforcement officer,  
          animal control officer, or search and rescue member engaged in  
          the performance of his or her duties, nonsworn employee of a  
          probation department, or a physician or nurse engaged in  
          rendering emergency medical care, the battery is punishable by a  
          fine not exceeding two thousand dollars ($2,000), or by  
          imprisonment in a county jail not exceeding one year, or by both  
          that fine and imprisonment.  (Penal Code § 243(b).) 

          Existing law states 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.  (Penal Code § 243(d).)

          This bill 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  








          AB 172  (Rodriguez )                                       Page  
          4 of ?
          
          
          $2,000, by imprisonment in a county jail up to one year, or by  
          both that fine and imprisonment.

          This bill 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.  

          This bill 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.

          This bill defines "nurse" as a licensed nurse of a hospital  
          providing services within the emergency department.

          This bill 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.

                    RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION

          For the past eight years, this Committee has scrutinized  
          legislation referred to its jurisdiction for any potential  
          impact on prison overcrowding.  Mindful of the United States  
          Supreme Court ruling and federal court orders relating to the  
          state's ability to provide a constitutional level of health care  
          to its inmate population and the related issue of prison  
          overcrowding, this Committee has applied its "ROCA" policy as a  
          content-neutral, provisional measure necessary to ensure that  
          the Legislature does not erode progress in reducing prison  
          overcrowding.   

          On February 10, 2014, the federal court ordered California to  








          AB 172  (Rodriguez )                                       Page  
          5 of ?
          
          
          reduce its in-state adult institution population to 137.5% of  
          design capacity by February 28, 2016, as follows:   

                 143% of design bed capacity by June 30, 2014;
                 141.5% of design bed capacity by February 28, 2015; and,
                 137.5% of design bed capacity by February 28, 2016. 

          In February of this year the administration reported that as "of  
          February 11, 2015, 112,993 inmates were housed in the State's 34  
          adult institutions, which amounts to 136.6% of design bed  
          capacity, and 8,828 inmates were housed in out-of-state  
          facilities.  This current population is now below the  
          court-ordered reduction to 137.5% of design bed capacity." (  
          Defendants' February 2015 Status Report In Response To February  
          10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman  
          v. Brown, Plata v. Brown (fn. omitted).

          While significant gains have been made in reducing the prison  
          population, the state now must stabilize these advances and  
          demonstrate to the federal court that California has in place  
          the "durable solution" to prison overcrowding "consistently  
          demanded" by the court.  (Opinion Re: Order Granting in Part and  
          Denying in Part Defendants' Request For Extension of December  
          31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court,  
          Coleman v. Brown, Plata v. Brown (2-10-14).  The Committee's  
          consideration of bills that may impact the prison population  
          therefore will be informed by the following questions:

              Whether a proposal erodes a measure which has contributed  
               to reducing the prison population;
              Whether a proposal addresses a major area of public safety  
               or criminal activity for which there is no other  
               reasonable, appropriate remedy;
              Whether a proposal addresses a crime which is directly  
               dangerous to the physical safety of others for which there  
               is no other reasonably appropriate sanction; 
              Whether a proposal corrects a constitutional problem or  
               legislative drafting error; and
              Whether a proposal proposes penalties which are  
               proportionate, and cannot be achieved through any other  
               reasonably appropriate remedy.


          COMMENTS








          AB 172  (Rodriguez )                                       Page  
          6 of ?
          
          

          1.  Need for This Legislation

          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.

               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.  Effect of Legislation 
          
          This legislation would increase the penalty for assault and  
          battery on healthcare providers, who are providing emergency  
          medical services in a health care facility.  According the  
          California Hospital Association, who is in support of the  
          legislation: 

               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  








          AB 172  (Rodriguez )                                       Page  
          7 of ?
          
          
               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.

          Legal Services for Prisoners with Children, opposes  
          the legislation, stating:

               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 to address.


               
                                      -- END -