BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 172


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          Date of Hearing:   March 25, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          AB  
          172 (Rodriguez) - As Introduced January 22, 2015


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          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


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          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


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            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


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          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