Amended in Assembly May 28, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 172


Introduced by Assembly Member Rodriguez

January 22, 2015


An act to add Section 1317.5a to the Health and Safety Code, and to amend Sections 241 and 243 of the Penal Code, relating to hospital emergency departments.

LEGISLATIVE COUNSEL’S DIGEST

AB 172, as amended, Rodriguez. Emergency departments: assaults and batteries.

(1) Existing law defines an assault as an unlawful attempt, coupled with present ability, to commit a violent injury on the person of another. Under existing law, an assault committed against a physician or nurse engaged in rendering emergency medical care outside a hospital, clinic, or other health care facility is punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding $2,000, or by both that fine and imprisonment.

This bill would also make an assault committed against a physician, nurse, or other health care worker of a hospital engaged in providing services within the emergency department punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding $2,000, or by both that fine and imprisonment. By expanding the scope of a crime, this bill would impose a state-mandated local program.

(2) Existing law defines a battery as any willful and unlawful use of force or violence upon the person of another. Under existing law a battery committed against a physician or nurse engaged in rendering emergency medical care outside a hospital, clinic, or other health care facility is punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding $2,000, or by both that fine and imprisonment.begin delete Under existing law, if an injury is inflicted the battery is punishable by imprisonment in a county jail not exceeding one year, by a fine of $2,000, or by both that fine and imprisonment, or by imprisonment in a county jail for 16 months, or 2 or 3 years.end delete

This bill would also make a battery committed against a physician, nurse, or other health care worker of a hospital engaged in providing services within the emergency department punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding $2,000, or by both that fine and imprisonment.begin delete The bill would, if the battery results in an injury, make the battery punishable by imprisonment in a county jail not exceeding one year, by a fine of $2,000, or by both that fine and imprisonment, or by imprisonment in a county jail for 16 months, or 2 or 3 years.end delete By expanding the scope of a crime, this bill would impose a state-mandated local program.

(3) This bill would allow a health facility that maintains and operates an emergency department to post a notice in the emergency department stating that an assault or battery against staff is a crime, and may result in abegin delete felonyend deletebegin insert criminalend insert conviction, as provided.

(4) 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:

P2    1

SECTION 1.  

Section 1317.5a is added to the Health and Safety
2Code
, to read:

3

1317.5a.  

A health facility licensed under this chapter that
4maintains and operates an emergency department may post a notice
5in a conspicuous place in the emergency department stating
6substantially the following:


8WE WILL NOT TOLERATE any form of threatening or
9aggressive behavior toward our staff. Assaults and batteries against
10our staff are crimes and may result in abegin delete felonyend deletebegin insert criminalend insert conviction.
P3    1All staff have the right to carry out their work without fearing for
2their safety.


4

SEC. 2.  

Section 241 of the Penal Code is amended to read:

5

241.  

(a) An assault is punishable by a fine not exceeding one
6thousand dollars ($1,000), or by imprisonment in the county jail
7not exceeding six months, or by both the fine and imprisonment.

8(b) When an assault is committed against the person of a parking
9control officer engaged in the performance of his or her duties,
10and the person committing the offense knows or reasonably should
11know that the victim is a parking control officer, the assault is
12punishable by a fine not exceeding two thousand dollars ($2,000),
13or by imprisonment in the county jail not exceeding six months,
14or by both the fine and imprisonment.

15(c) When an assault is committed against the person of a peace
16officer, firefighter, emergency medical technician, mobile intensive
17care paramedic, lifeguard, process server, traffic officer, code
18enforcement officer, animal control officer, or search and rescue
19member engaged in the performance of his or her duties, or a
20physician or nurse engaged in rendering emergency medical care
21outside a hospital, clinic, or other health care facility, or a
22physician, nurse, or other health care worker of a hospital engaged
23in providing services within the emergency department, and the
24person committing the offense knows or reasonably should know
25that the victim is a peace officer, firefighter, emergency medical
26technician, mobile intensive care paramedic, lifeguard, process
27server, traffic officer, code enforcement officer, animal control
28officer, or search and rescue member engaged in the performance
29of his or her duties, or a physician or nurse engaged in rendering
30emergency medical care, or a physician, nurse, or other health care
31worker of a hospital engaged in providing services within the
32emergency department, the assault is punishable by a fine not
33exceeding two thousand dollars ($2,000), or by imprisonment in
34a county jail not exceeding one year, or by both the fine and
35imprisonment.

36(d) As used in this section, the following definitions apply:

37(1) Peace officer means any person defined in Chapter 4.5
38(commencing with Section 830) of Title 3 of Part 2.

39(2) “Emergency medical technician” means a person possessing
40a valid course completion certificate from a program approved by
P4    1the State Department of Health Care Services for the medical
2training and education of ambulance personnel, and who meets
3the standards of Division 2.5 (commencing with Section 1797) of
4the Health and Safety Code.

5(3) “Mobile intensive care paramedic” refers to those persons
6who meet the standards set forth in Division 2.5 (commencing
7with Section 1797) of the Health and Safety Code.

8(4) “Nurse” means a person who meets the standards of Division
92.5 (commencing with Section 1797) of the Health and Safety
10Code or a nurse of a hospital engaged in providing services within
11the emergency department.

12(5) “Lifeguard” means a person who is:

13(A) Employed as a lifeguard by the state, a county, or a city,
14and is designated by local ordinance as a public officer who has a
15duty and responsibility to enforce local ordinances and
16 misdemeanors through the issuance of citations.

17(B) Wearing distinctive clothing which includes written
18identification of the person’s status as a lifeguard and which clearly
19identifies the employing organization.

20(6) “Process server” means any person who meets the standards
21or is expressly exempt from the standards set forth in Section 22350
22of the Business and Professions Code.

23(7) “Traffic officer” means any person employed by a county
24or city to monitor and enforce state laws and local ordinances
25relating to parking and the operation of vehicles.

26(8) “Animal control officer” means any person employed by a
27county or city for purposes of enforcing animal control laws or
28regulations.

29(9) (A) “Code enforcement officer” means any person who is
30not described in Chapter 4.5 (commencing with Section 830) of
31Title 3 of Part 2 and who is employed by any governmental
32subdivision, public or quasi-public corporation, public agency,
33public service corporation, any town, city, county, or municipal
34corporation, whether incorporated or chartered, that has
35enforcement authority for health, safety, and welfare requirements,
36and whose duties include enforcement of any statute, rules,
37regulations, or standards, and who is authorized to issue citations,
38or file formal complaints.

39(B) “Code enforcement officer” also includes any person who
40is employed by the Department of Housing and Community
P5    1Development who has enforcement authority for health, safety,
2and welfare requirements pursuant to the Employee Housing Act
3(Part 1 (commencing with Section 17000) of Division 13 of the
4Health and Safety Code); the State Housing Law (Part 1.5
5(commencing with Section 17910) of Division 13 of the Health
6and Safety Code); the Manufactured Housing Act of 1980 (Part 2
7(commencing with Section 18000) of Division 13 of the Health
8and Safety Code); the Mobilehome Parks Act (Part 2.1
9(commencing with Section 18200) of Division 13 of the Health
10and Safety Code); and the Special Occupancy Parks Act (Part 2.3
11(commencing with Section 18860) of Division 13 of the Health
12and Safety Code).

13(10) “Parking control officer” means any person employed by
14a city, county, or city and county, to monitor and enforce state
15laws and local ordinances relating to parking.

16(11) “Search and rescue member” means any person who is part
17of an organized search and rescue team managed by a governmental
18agency.

19(12) “Health care worker” means a person who, in the course
20and scope of employment or as a volunteer, performs duties directly
21associated with the care and treatment rendered by the hospital’s
22emergency department or the security thereof.

23

SEC. 3.  

Section 243 of the Penal Code is amended to read:

24

243.  

(a) A battery is punishable by a fine not exceeding two
25thousand dollars ($2,000), or by imprisonment in a county jail not
26exceeding six months, or by both that fine and imprisonment.

27(b) When a battery is committed against the person of a peace
28officer, custodial officer, firefighter, emergency medical technician,
29lifeguard, security officer, custody assistant, process server, traffic
30officer, code enforcement officer, animal control officer, or search
31and rescue member engaged in the performance of his or her duties,
32whether on or off duty, including when the peace officer is in a
33police uniform and is concurrently performing the duties required
34of him or her as a peace officer while also employed in a private
35capacity as a part-time or casual private security guard or
36patrolman, or a nonsworn employee of a probation department
37engaged in the performance of his or her duties, whether on or off
38duty, or a physician or nurse engaged in rendering emergency
39medical care outside a hospital, clinic, or other health care facility,
40or a physician, nurse, or other health care worker of a hospital
P6    1engaged in providing services within the emergency department,
2and the person committing the offense knows or reasonably should
3know that the victim is a peace officer, custodial officer, firefighter,
4emergency medical technician, lifeguard, security officer, custody
5assistant, process server, traffic officer, code enforcement officer,
6animal control officer, or search and rescue member engaged in
7the performance of his or her duties, nonsworn employee of a
8probation department, or a physician or nurse engaged in rendering
9emergency medical care, or a physician, nurse, or other health care
10worker of a hospital engaged in providing services within the
11emergency department, the battery is punishable by a fine not
12exceeding two thousand dollars ($2,000), or by imprisonment in
13a county jail not exceeding one year, or by both that fine and
14imprisonment.

15(c) (1) When a battery is committed against a custodial officer,
16firefighter, emergency medical technician, lifeguard, process server,
17traffic officer, or animal control officer engaged in the performance
18of his or her duties, whether on or off duty, or a nonsworn
19employee of a probation department engaged in the performance
20of his or her duties, whether on or off duty, or a physician or nurse
21engaged in rendering emergency medical care outside a hospital,
22clinic, or other health care facility,begin delete or a physician, nurse, or other
23health care worker of a hospital engaged in providing services
24within the emergency department,end delete
and the person committing the
25offense knows or reasonably should know that the victim is a
26nonsworn employee of a probation department, custodial officer,
27firefighter, emergency medical technician, lifeguard, process server,
28traffic officer, or animal control officer engaged in the performance
29of his or her duties, or a physician or nurse engaged in rendering
30emergency medicalbegin delete care, or a physician, nurse, or other health care
31worker of a hospital engaged in providing services within the
32emergency department,end delete
begin insert careend insert and an injury is inflicted on that
33victim, the battery is punishable by a fine of not more than two
34thousand dollars ($2,000), by imprisonment in a county jail not
35exceeding one year, or by both that fine and imprisonment, or by
36 imprisonment pursuant to subdivision (h) of Section 1170 for 16
37months, or two or three years.

38(2) When the battery specified in paragraph (1) is committed
39against a peace officer engaged in the performance of his or her
40duties, whether on or off duty, including when the peace officer
P7    1is in a police uniform and is concurrently performing the duties
2required of him or her as a peace officer while also employed in
3a private capacity as a part-time or casual private security guard
4or patrolman and the person committing the offense knows or
5reasonably should know that the victim is a peace officer engaged
6in the performance of his or her duties, the battery is punishable
7by a fine of not more than ten thousand dollars ($10,000), or by
8imprisonment in a county jail not exceeding one year or pursuant
9to subdivision (h) of Section 1170 for 16 months, or two or three
10years, or by both that fine and imprisonment.

11(d) When a battery is committed against any person and serious
12bodily injury is inflicted on the person, the battery is punishable
13by imprisonment in a county jail not exceeding one year or
14imprisonment pursuant to subdivision (h) of Section 1170 for two,
15three, or four years.

16(e) (1) When a battery is committed against a spouse, a person
17with whom the defendant is cohabiting, a person who is the parent
18of the defendant’s child, former spouse, fiancé, or fiancée, or a
19person with whom the defendant currently has, or has previously
20had, a dating or engagement relationship, the battery is punishable
21by a fine not exceeding two thousand dollars ($2,000), or by
22imprisonment in a county jail for a period of not more than one
23year, or by both that fine and imprisonment. If probation is granted,
24or the execution or imposition of the sentence is suspended, it shall
25be a condition thereof that the defendant participate in, for no less
26than one year, and successfully complete, a batterer’s treatment
27program, as described in Section 1203.097, or if none is available,
28another appropriate counseling program designated by the court.
29However, this provision shall not be construed as requiring a city,
30a county, or a city and county to provide a new program or higher
31level of service as contemplated by Section 6 of Article XIII B of
32the California Constitution.

33(2) Upon conviction of a violation of this subdivision, if
34probation is granted, the conditions of probation may include, in
35lieu of a fine, one or both of the following requirements:

36(A) That the defendant make payments to a battered women’s
37shelter, up to a maximum of five thousand dollars ($5,000).

38(B) That the defendant reimburse the victim for reasonable costs
39of counseling and other reasonable expenses that the court finds
40are the direct result of the defendant’s offense.

P8    1For any order to pay a fine, make payments to a battered
2women’s shelter, or pay restitution as a condition of probation
3under this subdivision, the court shall make a determination of the
4defendant’s ability to pay. In no event shall any order to make
5payments to a battered women’s shelter be made if it would impair
6the ability of the defendant to pay direct restitution to the victim
7or court-ordered child support. If the injury to a married person is
8caused in whole or in part by the criminal acts of his or her spouse
9in violation of this section, the community property shall not be
10used to discharge the liability of the offending spouse for restitution
11to the injured spouse, required by Section 1203.04, as operative
12on or before August 2, 1995, or Section 1202.4, or to a shelter for
13costs with regard to the injured spouse and dependents, required
14by this section, until all separate property of the offending spouse
15is exhausted.

16(3) Upon conviction of a violation of this subdivision, if
17probation is granted or the execution or imposition of the sentence
18is suspended and the person has been previously convicted of a
19violation of this subdivision and sentenced under paragraph (1),
20the person shall be imprisoned for not less than 48 hours in addition
21to the conditions in paragraph (1). However, the court, upon a
22showing of good cause, may elect not to impose the mandatory
23minimum imprisonment as required by this subdivision and may,
24under these circumstances, grant probation or order the suspension
25of the execution or imposition of the sentence.

26(4) The Legislature finds and declares that these specified crimes
27merit special consideration when imposing a sentence so as to
28 display society’s condemnation for these crimes of violence upon
29victims with whom a close relationship has been formed.

30(5) If a peace officer makes an arrest for a violation of paragraph
31(1), the peace officer is not required to inform the victim of his or
32her right to make a citizen’s arrest pursuant to subdivision (b) of
33Section 836.

34(f) As used in this section:

35(1) “Peace officer” means any person defined in Chapter 4.5
36(commencing with Section 830) of Title 3 of Part 2.

37(2) “Emergency medical technician” means a person who is
38either an EMT-I, EMT-II, or EMT-P (paramedic), and possesses
39a valid certificate or license in accordance with the standards of
P9    1Division 2.5 (commencing with Section 1797) of the Health and
2Safety Code.

3(3) “Nurse” means a person who meets the standards of Division
42.5 (commencing with Section 1797) of the Health and Safety
5Code or a nurse of a hospital engaged in providing services within
6the emergency department.

7(4) “Serious bodily injury” means a serious impairment of
8physical condition, including, but not limited to, the following:
9loss of consciousness; concussion; bone fracture; protracted loss
10or impairment of function of any bodily member or organ; a wound
11requiring extensive suturing; and serious disfigurement.

12(5) “Injury” means any physical injury which requires
13professional medical treatment.

14(6) “Custodial officer” means any person who has the
15responsibilities and duties described in Section 831 and who is
16employed by a law enforcement agency of any city or county or
17who performs those duties as a volunteer.

18(7) “Lifeguard” means a person defined in paragraph (5) of
19subdivision (d) of Section 241.

20(8) “Traffic officer” means any person employed by a city,
21county, or city and county to monitor and enforce state laws and
22local ordinances relating to parking and the operation of vehicles.

23(9) “Animal control officer” means any person employed by a
24city, county, or city and county for purposes of enforcing animal
25control laws or regulations.

26(10) “Dating relationship” means frequent, intimate associations
27primarily characterized by the expectation of affectional or sexual
28involvement independent of financial considerations.

29(11) (A) “Code enforcement officer” means any person who
30is not described in Chapter 4.5 (commencing with Section 830) of
31 Title 3 of Part 2 and who is employed by any governmental
32subdivision, public or quasi-public corporation, public agency,
33public service corporation, any town, city, county, or municipal
34corporation, whether incorporated or chartered, who has
35enforcement authority for health, safety, and welfare requirements,
36and whose duties include enforcement of any statute, rules,
37regulations, or standards, and who is authorized to issue citations,
38or file formal complaints.

39(B) “Code enforcement officer” also includes any person who
40is employed by the Department of Housing and Community
P10   1Development who has enforcement authority for health, safety,
2and welfare requirements pursuant to the Employee Housing Act
3(Part 1 (commencing with Section 17000) of Division 13 of the
4Health and Safety Code); the State Housing Law (Part 1.5
5(commencing with Section 17910) of Division 13 of the Health
6and Safety Code); the Manufactured Housing Act of 1980 (Part 2
7(commencing with Section 18000) of Division 13 of the Health
8and Safety Code); the Mobilehome Parks Act (Part 2.1
9(commencing with Section 18200) of Division 13 of the Health
10and Safety Code); and the Special Occupancy Parks Act (Part 2.3
11(commencing with Section 18860) of Division 13 of the Health
12and Safety Code).

13(12) “Custody assistant” means any person who has the
14responsibilities and duties described in Section 831.7 and who is
15employed by a law enforcement agency of any city, county, or city
16and county.

17(13) “Search and rescue member” means any person who is part
18of an organized search and rescue team managed by a government
19agency.

20(14) “Security officer” means any person who has the
21responsibilities and duties described in Section 831.4 and who is
22employed by a law enforcement agency of any city, county, or city
23and county.

24(15) “Health care worker” means a person who, in the course
25and scope of employment or as a volunteer, performs duties directly
26associated with the care and treatment rendered by the hospital’s
27emergency department or the security thereof.

28(g) It is the intent of the Legislature by amendments to this
29section at the 1981-82 and 1983-84 Regular Sessions to abrogate
30the holdings in cases such as People v. Corey, 21 Cal.3d 738, and
31Cervantez v. J.C. Penney Co., 24 Cal.3d 579, and to reinstate prior
32judicial interpretations of this section as they relate to criminal
33sanctions for battery on peace officers who are employed, on a
34part-time or casual basis, while wearing a police uniform as private
35security guards or patrolmen and to allow the exercise of peace
36officer powers concurrently with that employment.

37

SEC. 4.  

No reimbursement is required by this act pursuant to
38Section 6 of Article XIII B of the California Constitution because
39the only costs that may be incurred by a local agency or school
40district will be incurred because this act creates a new crime or
P11   1infraction, eliminates a crime or infraction, or changes the penalty
2for a crime or infraction, within the meaning of Section 17556 of
3the Government Code, or changes the definition of a crime within
4the meaning of Section 6 of Article XIII B of the California
5Constitution.



O

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