BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  April 13, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          AB  
          1959 (Rodriguez) - As Introduced February 12, 2016


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          Urgency:  No  State Mandated Local Program:  YesReimbursable:   
          No


          SUMMARY:


          This bill increases the felony state prison punishment for  
          assault on an emergency medical technician (EMT) as follows, for  
          the use of a:


          1)deadly weapon (other than a fire arm), from two, three or four  
            years, to three, four or five years;








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          2)firearm, from three, four, or five years to four, six, or  
            eight years;


          3)semiautomatic firearm, from three, six, or nine years, to  
            five, seven, or nine years; and


          4).50 caliber sniper rifle or machine gun, from four, eight, or  
            twelve years, to six, nine, or twelve years.


          FISCAL EFFECT:


          According to the California Department of Corrections (CDCR),  
          the contracted out-of-state bed rate is $29,000.  CDCR  
          statistics show that in 2012-13, there were 41 commitments for  
          assault peace officer or firefighter with a firearm or a  
          semiautomatic firearm.  If  20 percent of these incidents  
          include scenes where EMT are involved, the time served in state  
          prison will increase by at least a year for eight individuals;  
          GF costs to CDCR would be $232,000 every year; however, these  
          additional costs will not be realized for several years since  
          most of these commitments already include long terms and several  
          enhancements. 


          COMMENTS:


          1)Background.  Current law provides that any person who commits  
            an assault with a deadly weapon or instrument other than a  
            firearm, firearm, semiautomatic firearm, .50 caliber sniper  
            rifle, or machine gun is subject to various punishments, which  
            may include county jail and or a fine, or state prison and/or  
            a fine, based on the actual weapon used.  The imprisonment is  








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            in state prison and the commitments are longer if the person  
            assaulted is a peace officer or a firefighter who is engaged  
            in the performance of his or her duties. 


          2)Purpose.   According to the author, "Emergency medical  
            technicians (EMTs) are often the first responders to crime,  
            emergencies and disaster situations. And although EMTs work  
            alongside peace officers and firefighters in dangerous  
            environments, the penalties for assaulting an EMT are less  
            than those given for assault against a peace officer or  
            firefighter. 

            "In fact, EMTs are 14 times more likely to be violently  
            injured on the job than the firefighters they work alongside.  
            AB 1959 recognizes the importance of EMT workers, who often  
            believe that assault against them is part of their jobs. By  
            equalizing the penalties for assault against firefighters,  
            peace officers and EMTs, EMTs can be reassured that their  
            safety in the workplace is equal to that of their peace  
            officer and firefighter counterparts."





            AB 172 (Rodriguez) of the current Legislative Session would  
            have increased 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.  AB 172 was vetoed by the  
            Governor.  In his veto message, the Governor, in part, stated:

          "If there were evidence that an additional six months in county  
          jail (three months, once good-time credits are applied) would  
          enhance the safety of these workers or serve as a deterrent, I  








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          would sign this bill.  I doubt that it will do either.

          "We need to find more creative ways to protect the safety of  
          these critical workers.  This bill isn't the answer."4

            If the Governor wouldn't sign a bill that contained a modest  
            six month county jail increase to protect health care workers  
            in within the emergency department, it's unlikely he would  
            sign this bill

          3)Prior Legislation:

             a)   SB 390 (La Malfa), Chapter 249, Statutes of 2011,  
               increased the penalties for assault and battery against a  
               search and rescue member engaged in the performance of his  
               or her duty.

             b)   SB 406 (Lieu), Chapter 250, Statutes of 2011, increased  
               the penalties for assault and battery against a security  
               officer or custodial assistant engaged in the performance  
               of his or her duty.



             c)   SB 409 (Lowenthal), Chapter 410, Statutes of 2009,  
               increased the penalties for assault and battery against a  
               highway worker engaged in the performance of his or her  
               duty.





             d)   SB 1686 (Leno), Chapter 243, Statutes of 2007, increased  
               the fine from $1,000 to $2,000 when an assault is committed  
               against a parking control officer in the performance of his  
               or her duty.

          Analysis Prepared by:Pedro Reyes / APPR. / (916)  








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          319-2081