AB 1959, as introduced, Rodriguez. Assault on an emergency medical technician.
Existing law makes it a crime and specifies terms of imprisonment for assault on a peace officer or firefighter when the person knows or reasonably should know that the person is a peace officer or firefighter engaged in the performance of his or her duties. Existing law specifies various terms of imprisonment depending on whether the assault was committed with a deadly weapon that is not a firearm, a firearm, or one of a specified type of firearm, including machineguns and assault weapons.
This bill would make these provisions applicable to an assault on an emergency medical technician when the person knows or reasonably should know that the person is an emergency medical technician engaged in the performance of his or her duties. By increasing the penalty for a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 245 of the Penal Code is amended to
2read:
(a) (1) begin deleteAny end deletebegin insertA end insertperson who commits an assault upon the
4person of another with a deadly weapon or instrument other than
5a firearm shall be punished by imprisonment in the state prison
6for two, three, or four years, or in a county jail for not exceeding
7one year, or by a fine not exceeding ten thousand dollars ($10,000),
8or by both the fine and imprisonment.
9(2) begin deleteAny end deletebegin insertA end insertperson
who commits an assault upon the person of
10another with a firearm shall be punished by imprisonment in the
11state prison for two, three, or four years, or in a county jail for not
12less than six months and not exceeding one year, or by both a fine
13not exceeding ten thousand dollars ($10,000) and imprisonment.
14(3) begin deleteAny end deletebegin insertA end insertperson who commits an assault upon the person of
15another with a machinegun, as defined in Section 16880, or an
16assault weapon, as defined in Section 30510 or 30515, or a .50
17BMG rifle, as defined in Section 30530, shall be punished by
18imprisonment in the state prison for 4, 8, or 12 years.
19(4) begin deleteAny end deletebegin insertA
end insertperson who commits an assault upon the person of
20another by any means of force likely to produce great bodily injury
21shall be punished by imprisonment in the state prison for two,
22three, or four years, or in a county jail for not exceeding one year,
23or by a fine not exceeding ten thousand dollars ($10,000), or by
24both the fine and imprisonment.
25(b) begin deleteAny end deletebegin insertA end insertperson who commits an assault upon the person of
26another with a semiautomatic firearm shall be punished by
27imprisonment in the state prison for three, six, or nine years.
28(c) begin deleteAny end deletebegin insertA
end insertperson who commits an assault with a deadly weapon
29or instrument, other than a firearm, or by any means likely to
30produce great bodily injury upon the person of a peacebegin delete officer orend delete
31begin insert officer,end insert firefighter,begin insert or emergency medical technician,end insert and who
32knows or reasonably should know that the victim is a peacebegin delete officer begin insert officer, firefighter, or emergency medical technicianend insert
33or firefighterend delete
34 engaged in the performance of his or her duties, when the peace
35begin delete officer or firefighterend deletebegin insert
officer, firefighter, or emergency medical
36technicianend insert is engaged in the performance of his or her duties, shall
37be punished by imprisonment in the state prison for three, four, or
38five years.
P3 1(d) (1) begin deleteAny end deletebegin insertA end insertperson who commits an assault with a firearm
2upon the person of a peacebegin delete officer orend deletebegin insert officer,end insert firefighter,begin insert or
3emergency medical technician,end insert and who knows or reasonably
4should know that the victim is a
peacebegin delete officer or firefighterend deletebegin insert
officer,
5firefighter, or emergency medical technicianend insert engaged in the
6performance of his or her duties, when the peacebegin delete officer or begin insert officer, firefighter, or emergency medical technicianend insert is
7firefighterend delete
8engaged in the performance of his or her duties, shall be punished
9by imprisonment in the state prison for four, six, or eight years.
10(2) begin deleteAny end deletebegin insertA end insertperson who commits an assault upon the person of
11a peacebegin delete officer or firefighterend deletebegin insert
officer, firefighter, or emergency
12medical technicianend insert with a semiautomatic firearm and who knows
13or reasonably should know that the victim is a peacebegin delete officer or begin insert officer, firefighter, or emergency medical technicianend insert
14firefighterend delete
15 engaged in the performance of his or her duties, when the peace
16begin delete officer or firefighterend deletebegin insert officer, firefighter, or emergency medical
17technicianend insert is engaged in the performance of his or her duties, shall
18be punished by imprisonment in the state prison for five, seven,
19or nine years.
20(3) begin deleteAny end deletebegin insertA
end insertperson who commits an assault with a machinegun,
21as defined in Section 16880, or an assault weapon, as defined in
22Section 30510 or 30515, or a .50 BMG rifle, as defined in Section
2330530, upon the person of a peacebegin delete officer orend deletebegin insert officer,end insert firefighter,
24begin insert or emergency medical technician,end insert and who knows or reasonably
25should know that the victim is a peacebegin delete officer or firefighterend deletebegin insert officer,
26firefighter, or emergency medical technicianend insert engaged in the
27performance of his or her duties, shall be punished by
28imprisonment
in the state prison for 6, 9, or 12 years.
29(e) When a person is convicted of a violation of this section in
30a case involving use of a deadly weapon or instrument or firearm,
31and the weapon or instrument or firearm is owned by that person,
32the court shall order that the weapon or instrument or firearm be
33deemed a nuisance, and it shall be confiscated and disposed of in
34the manner provided by Sections 18000 and 18005.
35(f) As used in this section, “peace officer” refers to any person
36designated as a peace officer in Chapter 4.5 (commencing with
37Section 830) of Title 3 of Part 2.
No reimbursement is required by this act pursuant to
39Section 6 of Article XIII B of the California Constitution because
40the only costs that may be incurred by a local agency or school
P4 1district will be incurred because this act creates a new crime or
2infraction, eliminates a crime or infraction, or changes the penalty
3for a crime or infraction, within the meaning of Section 17556 of
4the Government Code, or changes the definition of a crime within
5the meaning of Section 6 of Article XIII B of the California
6Constitution.
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