BILL ANALYSIS Ó AB 1959 Page 1 Date of Hearing: April 13, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair AB 1959 (Rodriguez) - As Introduced February 12, 2016 ----------------------------------------------------------------- |Policy |Public Safety |Vote:|5 - 1 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- 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; AB 1959 Page 2 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 AB 1959 Page 3 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 AB 1959 Page 4 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) AB 1959 Page 5 319-2081