BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 172|
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THIRD READING
Bill No: AB 172
Author: Rodriguez (D)
Amended: 9/1/15 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 6-0, 7/7/15
AYES: Hancock, Glazer, Leno, Liu, Monning, Stone
NO VOTE RECORDED: Anderson
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/27/15
AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen
ASSEMBLY FLOOR: 78-0, 6/2/15 - See last page for vote
SUBJECT: Emergency departments: assaults and batteries
SOURCE: Emergency Nurses Association California Chapter
DIGEST: This bill increases 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.
Senate Floor Amendments of 9/1/15 are chaptering amendments to
incorporate the amendments to Penal Code Section 243 made by AB
545 (Melendez).
ANALYSIS:
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Existing law:
1)Defines "assault" as an unlawful attempt, coupled with a
present ability, to commit a violent injury on the person of
another. (Penal Code § 240.)
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. (Penal Code §
241(a).)
3)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).)
4)Defines a battery is any willful and unlawful use of force or
violence upon the person of another. (Penal Code § 242.)
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. (Penal Code § 243 (a).)
6)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
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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).)
7)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:
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
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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.
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.
6)Makes non-substantive chaptering amendments to incorporate the
amendments to Penal Code section 243 made by Assembly Bill
545.
Comment
This bill increases the penalty for assault and battery on
healthcare providers, who are providing emergency medical
services in a health care facility. 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
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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.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: Yes
According to the Senate Appropriations Committee, the fiscal
impact includes:
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.
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
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facility emergency departments.
SUPPORT: (Verified 8/28/15)
Emergency Nurses Association California Chapter (source)
The Association of California Healthcare Districts
California Chapter of the American college of Emergency
Physicians
California College and University Police Chiefs Association
California District Attorneys Association
California Hospital Association
California Medical 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: (Verified8/28/15)
Legal Services for Prisoners with Children
ARGUMENTS IN SUPPORT:
According the California Hospital Association:
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
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
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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.
ARGUMENTS IN OPPOSITION:
According to Legal Services for Prisoners with
Children:
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.
ASSEMBLY FLOOR: 78-0, 6/2/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,
Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,
Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd,
Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia,
Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray,
Hadley, Harper, Roger Hernández, Holden, Irwin, Jones,
Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low,
Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin,
Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea,
Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago,
Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,
Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Chávez, Grove
Prepared by:Jessica Devencenzi / PUB. S. /
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9/2/15 17:38:25
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