BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session AB 172 (Rodriguez) - Emergency departments: assaults and batteries ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: May 28, 2015 |Policy Vote: PUB. S. 6 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: Yes | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: August 17, 2015 |Consultant: Jolie Onodera | | | | ----------------------------------------------------------------- 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 ? 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 ? 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 ? 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 ? 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. -- END --