BILL ANALYSIS Ó AB 172 Page 1 Date of Hearing: March 25, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair AB 172 (Rodriguez) - As Introduced January 22, 2015 ----------------------------------------------------------------- |Policy | Public Safety |Vote:| 6 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: YesReimbursable: No SUMMARY: This bill increases the penalties for assault and battery committed against a physician, nurse, or other health care worker engaged in performing services within the emergency AB 172 Page 2 department. Specifically, this bill: Increases the penalties from up to six months in county jail and/or a fine of up to $1,000, to up to a year in county jail and/or a fine of up to $2,000. If a serious injury is sustained, or weapons are used, the penalty increases to a felony punishable by a fine up to $2,000, and/or one year in county jail; or by jail time of 16 months, two or three years. If the assailant has a prior or current serious felony conviction, the executed sentence for a felony is served in state prison. FISCAL EFFECT: Unknown potential increase in state prison commitments in cases where the assailant has a prior or current conviction for a serious felony. If six or more offenders that have a prior or current serious felony conviction are convicted of a felony, and assuming the annual contracted bed rate of $27,000 per inmate, the annual General Fund costs would exceed $150,000. Likely negligible non-reimbursable local costs for increased county incarceration, potentially offset by a negligible increase in fine revenue. Unknown savings to various state programs, such as Medi-Cal or Community Colleges, if the increased penalties deter assaults against emergency room staff. COMMENTS: 1)Purpose: According to the author, "AB 172 specifically, AB 172 Page 3 increases the penalties for an assault or battery committed against a healthcare worker providing emergency services inside the emergency department equal to the existing punishment for an assault or battery committed outside a hospital, clinic, or other health care facility" 2)Background: Current law defines assault as an unlawful attempt, coupled with a present ability, to commit a violent injury on another person, and defines battery as a willful and unlawful use of force against another person. 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 jail time of 16 months, two or three years. 3)Opposition: Legal Services for Prisoners with Children state, "Unfortunately, this bill is misguided and would not produce the intended results. The vast majority of assaults on health care workers are caused by individuals who are severely mentally ill, suffering from dementia, or undergoing significant psychological stress. Such individuals are not likely to be deterred by the threat of an increased penalty. Moreover, sending mentally ill individuals to jails is no substitute for treatment. Cycling mentally ill people in and out of jail would not prevent the assaults that AB 172 seeks to address." AB 172 Page 4 4)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. Analysis Prepared by:Pedro Reyes / APPR. / (916) 319-2081