BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 172| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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: AB 172 Page 2 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 AB 172 Page 3 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 AB 172 Page 4 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 AB 172 Page 5 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 AB 172 Page 6 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 AB 172 Page 7 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. 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