BILL ANALYSIS                                                                                                                                                                                                    Ó






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                                   THIRD READING 


          Bill No:  AB 172
          Author:   Rodriguez (D)
          Amended:  9/1/15 in Senate
          Vote:     21  

           SENATE PUBLIC SAFETY COMMITTEE:  6-0, 7/7/15
           AYES:  Hancock, Glazer, Leno, Liu, Monning, Stone
           NO VOTE RECORDED:  Anderson

           SENATE APPROPRIATIONS COMMITTEE:  7-0, 8/27/15
           AYES:  Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen

           ASSEMBLY FLOOR:  78-0, 6/2/15 - See last page for vote

           SUBJECT:   Emergency departments: assaults and batteries 


          SOURCE:    Emergency Nurses Association California Chapter
          
          DIGEST:   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  
          department, if 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, as specified.

          Senate Floor Amendments of 9/1/15 are chaptering amendments to  
          incorporate the amendments to Penal Code Section 243 made by AB  
          545 (Melendez).

          ANALYSIS: 









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          Existing law:

          1)Defines "assault" as an unlawful attempt, coupled with a  
            present ability, to commit a violent injury on the person of  
            another.  (Penal Code § 240.)

          2)Provides that assault is punishable by a fine not exceeding  
            $1,000, by imprisonment in the county jail not exceeding six  
            months, or by both the fine and imprisonment.  (Penal Code §  
            241(a).)

          3)States that when an assault is committed against the person of  
            a peace officer, firefighter, emergency medical technician  
            (EMT), mobile intensive care paramedic, lifeguard, process  
            server, traffic officer, code enforcement officer, animal  
            control officer, or a search and rescue member engaged in the  
            performance of his or her duties, or a physician or nurse  
            engaged in rendering emergency medical care outside a  
            hospital, clinic or other health care facility, and the person  
            committing the offense knows or reasonably should know that  
            the victim is a peace officer, firefighter, EMT, mobile  
            intensive care paramedic, lifeguard, process server, traffic  
            officer, code enforcement officer, animal control officer, or  
            a search and rescue member engaged in the performance of his  
            or her duties, or a physician or nurse engaged in rendering  
            emergency medical care, the assault is punishable by a fine  
            not exceeding $2,000, by imprisonment in the county jail not  
            exceeding one year, or by both fine and imprisonment.  (Penal  
            Code § 241(c).)

          4)Defines a battery is any willful and unlawful use of force or  
            violence upon the person of another.  (Penal Code § 242.) 

          5)Makes battery punishable by a fine not exceeding $2,000, by  
            imprisonment in a county jail not exceeding six months, or by  
            both that fine and imprisonment.  (Penal Code § 243 (a).)

          6)States that when a battery is committed against the person of  
            a peace officer, custodial officer, firefighter, emergency  
            medical technician, lifeguard, security officer, custody  
            assistant, process server, traffic officer, code enforcement  
            officer, animal control officer, or search and rescue member  
            engaged in the performance of his or her duties, whether on or  
            off duty, including when the peace officer is in a police  







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            uniform and is concurrently performing the duties required of  
            him or her as a peace officer while also employed in a private  
            capacity as a part-time or casual private security guard or  
            patrolman, or a nonsworn employee of a probation department  
            engaged in the performance of his or her duties, whether on or  
            off duty, or a physician or nurse engaged in rendering  
            emergency medical care outside a hospital, clinic, or other  
            health care facility, and the person committing the offense  
            knows or reasonably should know that the victim is a peace  
            officer, custodial officer, firefighter, emergency medical  
            technician, lifeguard, security officer, custody assistant,  
            process server, traffic officer, code enforcement officer,  
            animal control officer, or search and rescue member engaged in  
            the performance of his or her duties, nonsworn employee of a  
            probation department, or a physician or nurse engaged in  
            rendering emergency medical care, the battery is punishable by  
            a fine not exceeding two thousand dollars ($2,000), or by  
            imprisonment in a county jail not exceeding one year, or by  
            both that fine and imprisonment.  (Penal Code § 243(b).) 

          7)States that a battery committed against any person and serious  
            bodily injury is inflicted on the person, the battery is  
            punishable by imprisonment in a county jail not exceeding one  
            year or imprisonment for two, three, or four years.  (Penal  
            Code § 243(d).)

          This bill:

          1)Provides that when an assault is 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, the assault is punishable by a fine not to exceed  
            $2,000, by imprisonment in a county jail up to one year, or by  
            both that fine and imprisonment.

          2)States that when a battery is 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  







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            the battery shall be punished by a fine not exceeding $2,000,  
            by imprisonment in a county jail not exceeding one year, or by  
            both that fine and imprisonment.  

          3)Provides that a licensed health facility that maintains and  
            operates an emergency department may post a notice in a  
            conspicuous place in the emergency department stating  
            substantially the following:  WE WILL NOT TOLERATE any form of  
            threatening or aggressive behavior toward our staff.  Assaults  
            and batteries against our staff are crimes and may result in a  
            criminal conviction.  All staff have the right to carry out  
            their work without fearing for their safety.

          4)Defines "nurse" as a licensed nurse of a hospital providing  
            services within the emergency department.

          5)Defines "health care worker" as a person who, in the course  
            and scope of employment or as a volunteer, performs duties  
            directly associated with the care and treatment rendered by  
            the hospital's emergency department or the security thereof. 

          6)Makes non-substantive chaptering amendments to incorporate the  
            amendments to Penal Code section 243 made by Assembly Bill  
            545. 

          Comment


          This bill increases the penalty for assault and battery on  
          healthcare providers, who are providing emergency medical  
          services in a health care facility.  According to the author: 


               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 a jail  







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               time of 16 months, two or three years.

               AB 172 specifically, increases the penalties for an  
               assault or battery committed against a healthcare  
               worker providing emergency services inside the  
               emergency department equal to the punishment for an  
               assault or battery committed outside a hospital,  
               clinic, or other health care facility.

               Also, AB 172 allows a health facility that maintains  
               and operates an emergency department to post a notice  
               in the emergency room stating that an assault and  
               battery against hospital staff is a crime and may  
               result in a felony conviction.
          
          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   Yes


          According to the Senate Appropriations Committee, the fiscal  
          impact includes: 


           State prison:  No impact to state prison costs, as the  
            provisions of this measure only increase the penalties for  
            assault and battery offenses chargeable as misdemeanors.
           Local jails:  Potential net increase in non-reimbursable local  
            costs, potentially requiring funding from the State (General  
            Fund*) in excess of $50,000 annually, to the extent increasing  
            the penalties for assault and battery as specified in this  
            measure result in additional and/or lengthier jail terms.  
            Based on an average daily jail rate of $100, to the extent  
            three to six convictions per year statewide are impacted under  
            the provisions of this bill, could result in increased local  
            costs in excess of $50,000 assuming extended jail terms of  
            three to six months. While convictions for assault would  
            potentially result in additional revenue from the higher fine  
            to partially offset the costs of lengthier jail terms, the  
            applicable fine for battery convictions (which represent 97  
            percent of applicable convictions) remains unchanged. 


           Local health facilities:  Likely negligible one-time  
            non-reimbursable local costs to post notices in health  







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            facility emergency departments.   




          SUPPORT:  (Verified 8/28/15)


          Emergency Nurses Association California Chapter (source)
          The Association of California Healthcare Districts
          California Chapter of the American college of Emergency  
                    Physicians
          California College and University Police Chiefs Association
          California District Attorneys Association
          California Hospital Association
          California Medical Association
          California State Sheriffs' Association
          County of San Bernardino
          Dignity Health
          Los Angeles County board of Supervisors
          Organization of SMUD employees
          San Bernardino Public Employees Association
          San Luis Obispo county Employees Association; LIUNA Locals 777  
                    and 792


          OPPOSITION:   (Verified8/28/15)


          Legal Services for Prisoners with Children

          ARGUMENTS IN SUPPORT:  

          According the California Hospital Association:

               As a community resource, hospitals have an  
               obligation to treat all members of the community,  
               including gang members, behavioral health  
               patients, substance abusers and victims of  
               domestic violence.  Unfortunately, these  
               situations may increase the chance of violence,  
               particularly in the emergency department.   
               Hospitals are very concerned about creating a  
               safe environment for patients, employees and  







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               visitors and this take a variety of steps to  
               balance the creation of a healing environment  
               with a safe workplace.  This includes use of  
               screening techniques, alarms and security staff.   
               Hospitals welcome yet another tool towards this  
               effort.


          ARGUMENTS IN OPPOSITION:     

          According to Legal Services for Prisoners with  
          Children: 


               The stated goal of this bill is to try and ensure the  
               safety of health care workers.  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.
               

          ASSEMBLY FLOOR:  78-0, 6/2/15
          AYES:  Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,  
            Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,  
            Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd,  
            Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia,  
            Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray,  
            Hadley, Harper, Roger Hernández, Holden, Irwin, Jones,  
            Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low,  
            Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin,  
            Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea,  
            Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago,  
            Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,  
            Wilk, Williams, Wood, Atkins
          NO VOTE RECORDED:  Chávez, Grove

          Prepared by:Jessica  Devencenzi / PUB. S. / 







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          9/2/15 17:38:25


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