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.  







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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  








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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.








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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  








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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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