BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 172 (Rodriguez) - Emergency departments: assaults and
batteries
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|Version: May 28, 2015 |Policy Vote: PUB. S. 6 - 0 |
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|Urgency: No |Mandate: Yes |
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|Hearing Date: August 17, 2015 |Consultant: Jolie Onodera |
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This bill meets the criteria for referral to the Suspense File.
Bill
Summary: AB 172 would increase the penalties for assault and
battery committed against a physician, nurse, or other health
care worker of a hospital engaged in providing services within
an emergency department, as specified. This bill would also
authorize a health facility to post a specified notice in its
emergency department.
Fiscal
Impact:
State prison : No impact to state prison costs, as the
provisions of this measure only increase the penalties for
assault and battery offenses chargeable as misdemeanors.
Local jails : Potential net increase in non-reimbursable local
costs, potentially requiring funding from the State (General
Fund*) in excess of $50,000 annually, to the extent increasing
the penalties for assault and battery as specified in this
measure result in additional and/or lengthier jail terms.
AB 172 (Rodriguez) Page 1 of
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Based on an average daily jail rate of $100, to the extent
three to six convictions per year statewide are impacted under
the provisions of this bill, could result in increased local
costs in excess of $50,000 assuming extended jail terms of
three to six months. While convictions for assault would
potentially result in additional revenue from the higher fine
to partially offset the costs of lengthier jail terms, the
applicable fine for battery convictions (which represent 97
percent of applicable convictions) remains unchanged.
Local health facilities : Likely negligible one-time
non-reimbursable local costs to post notices in health
facility emergency departments.
*Proposition 30 (2012) provides that legislation enacted after
September 30, 2012, that has an overall effect of increasing the
costs already borne by a local agency, as specified, apply to
local agencies only to the extent the State provides annual
funding for the cost increase. Although legislation creating a
new crime or revising the definition of an existing crime is
exempt from Proposition 30 state funding requirements,
legislation that changes the penalty for an existing crime is
not similarly specifically exempt. Assault and battery are
existing crimes, irrespective of against whom the offense is
committed. To the extent the provisions of this measure are
determined to change the penalty for these crimes, any increase
in costs to local agencies attributable to the provisions of
this legislation could potentially require annual funding from
the State.
Background: Existing law defines assault as an unlawful attempt, coupled
with a present ability, to commit a violent injury on the person
of another. Assault is punishable by a fine not exceeding
$1,000, by imprisonment in county jail not exceeding six months,
or by both the fine and imprisonment. (Penal Code (PC) §
241(a).)
Existing law defines battery as any willful and unlawful use of
force or violence upon the person of another. Battery is
punishable by a fine not exceeding $2,000, by imprisonment in
county jail not exceeding six months, or by both the fine and
imprisonment. (PC § 243(a).)
Under existing law, when an assault or battery is committed
AB 172 (Rodriguez) Page 2 of
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against specified persons, including but not limited to a peace
officer, firefighter, emergency medical technician, code
enforcement officer, animal control officer, 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 such a person, the assault or battery is punishable by
a fine of up to $2,000, by imprisonment in county jail for up to
one year, or by both the fine and imprisonment. (PC §§ 241(c),
243(b).)
Under existing law, when a battery is committed against 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 physician or nurse engaged in
rendering emergency medical care and an injury is inflicted on
that victim, the battery is an alternate felony/misdemeanor,
punishable by a fine of up to $2,000, by imprisonment in a
county jail not exceeding one year, or by both that fine and
imprisonment, or by imprisonment in county jail (or state prison
if a prior serious or violent felony conviction exists) for 16
months, two years, or three years. (PC § 243(c)(1).)
Proposed Law:
This bill increases the penalties for assault and battery
against a physician, nurse, or other health care worker of a
hospital engaged in performing services within an emergency
department to mirror the penalties for the misdemeanor offenses
of assault and battery against a physician or nurse engaged in
rendering emergency medical care outside of a hospital, clinic,
or other health facility, as follows:
Provides that an assault or battery committed against a
physician, nurse, or other health care worker of a hospital
engaged in providing services within an emergency
department, and the person committing the offense knows or
reasonably should know that the victim is such a person, is
punishable by a fine of up to $2,000, or by imprisonment in
county jail up to one year, or by both the fine and
imprisonment.
AB 172 (Rodriguez) Page 3 of
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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."
Prior
Legislation: SB 390 (LaMalfa) Chapter 249/2011 includes search
and rescue personnel in existing misdemeanor assault and battery
crimes applicable where the victim is a firefighter, peace
officer, emergency medical technician or other
similarly-situated professional, as specified.
SB 406 (Lieu) Chapter 250/2011 includes custody assistants and
security officers, as defined, in a special misdemeanor battery
section under which defendants who commit a simple battery
against specified public officials and private professionals are
punished by a jail term of up to one year and an enhanced fine
of up to $2,000.
Staff
Comments: By increasing the penalty for the misdemeanor
offenses of assault and battery committed against physicians,
nurses, and health care workers of a hospital engaged in
providing services in an emergency department, this bill could
result in additional costs to local jails for new and/or
lengthier jail terms.
Staff notes that assault and battery are crimes under existing
law, irrespective of against whom the offenses are committed.
Pursuant to Proposition 30 (2012), legislation enacted after
September 30, 2012, that has an overall effect of increasing the
costs already borne by a local agency for programs or levels of
service mandated by the 2011 Realignment Legislation, including
public safety services such as managing local jails and
providing housing to juvenile and adult offenders, apply to
local agencies only to the extent that the State provides annual
funding for the cost increase. Although Proposition 30 specifies
that legislation defining a new crime or changing the definition
AB 172 (Rodriguez) Page 4 of
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of an existing crime is not subject to this provision, changing
the penalty for a crime is not specifically exempted and could
potentially require a subvention of funds from the State. To the
extent the provisions of this measure are determined to change
the penalty for the existing crimes of assault and battery, any
increase in costs to local agencies attributable to provisions
of this legislation could potentially require annual funding
from the State.
Based on an average daily jail rate of $100, to the extent even
three to six convictions for misdemeanor assault or battery are
impacted under the provisions of this bill each year statewide,
local jails could incur additional costs in excess of $50,000
assuming extended jail terms ranging from three to six months.
While convictions for assault would potentially result in
additional revenue from a higher fine to partially offset the
costs of lengthier jail terms, the applicable fine for battery
convictions (which represent nearly 97 percent of applicable
convictions for assault and battery) remains unchanged.
This bill authorizes licensed health facilities that maintain
and operate an emergency department to post a notice in a
conspicuous place in the emergency department stating that
assault and battery against staff members are crimes and may
result in a criminal conviction. This provision is permissive
and will likely result in negligible one-time non-reimbursable
costs to facilities that elect to post such a notice.
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