BILL ANALYSIS Ó
AB 172
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB
172 (Rodriguez)
As Amended September 1, 2015
Majority vote
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|ASSEMBLY: | 78-0 | (June 2, |SENATE: |40-0 | (September 8, |
| | |2015) | | |2015) |
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Original Committee Reference: PUB. S.
SUMMARY:
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, 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 Senate amendments double join this bill with AB 545
(Melendez) of the current legislative session, to avoid
chaptering out issues.
EXISTING LAW:
AB 172
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1)Defines "assault" as an unlawful attempt, coupled with a
present ability, to commit a violent injury on the person of
another.
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.
3)Proscribes 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.
4)Defines "battery" as any willful and unlawful use of force or
violence upon the person of another.
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.
6)Provides that when a battery is committed against the person
of a peace officer, custodial officer, firefighter, EMT,
lifeguard, security officer, custody assistant, process
server, traffic officer, code enforcement officer, or animal
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control officer, or search and rescue member engaged in the
performance of his or her duties, or a nonsworn employee of a
probation department engaged in the performance of his or her
duties, or a physician or nurse providing 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, EMT, lifeguard, security
officer, custody assistant, process server, traffic officer,
code enforcement officer, or animal control officer, or search
and rescue member engaged in the performance of his or her
duties, or a nonsworn employee of a probation department
engaged in the performance of his or her duties, or a
physician or nurse providing emergency medical care, the
battery is punishable by up to one year in the county jail, by
a fine of up to $2,000, or by both a fine and imprisonment.
If the victim suffers an injury requiring medical care, the
crime is an alternate felony misdemeanor, punishable by up to
one year in the county jail, by a fine of up to $2,000, by
both a fine and imprisonment, or by 16 months, two or three
years in county jail.
7)Provides 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.
8)States battery upon a peace officer engaged in the performance
of his or her duties is punishable by a fine not to exceed
$10,000, imprisonment in a county jail not to exceed one year
or for 16 months, two or three years, or by both a fine and
imprisonment.
AS PASSED BY THE ASSEMBLY, this bill:
1)Provided 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
AB 172
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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)Stated 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.
3)Provided 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)Defined "nurse" as a licensed nurse of a hospital providing
services within the emergency department.
5)Defined "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.
FISCAL EFFECT: According to the Senate Appropriations
Committee:
1)State prison: No impact to state prison costs, as the
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provisions of this measure only increase the penalties for
assault and battery offenses chargeable as misdemeanors.
2)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%
of applicable convictions) remains unchanged.
3)Local health facilities: Likely negligible one-time
non-reimbursable local costs to post notices in health
facility emergency departments.
COMMENTS: 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
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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."
Analysis Prepared by:
Gregory Pagan / PUB. S. / (916) 319-3744 FN:
0002007