BILL ANALYSIS Ó AB 172 Page 1 GOVERNOR'S VETO AB 172 (Rodriguez) As Enrolled September 11, 2015 2/3 vote -------------------------------------------------------------------- |ASSEMBLY: | 78-0 | (June 2, |SENATE: |40-0 | (September 8, | | | |2015) | | |2015) | | | | | | | | | | | | | | | -------------------------------------------------------------------- -------------------------------------------------------------------- |ASSEMBLY: | 78-0 | (September 9, | | | | | | |2015) | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | -------------------------------------------------------------------- Original Committee Reference: PUB. S. SUMMARY: Increases the penalties for assault and battery committed AB 172 Page 2 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 Senate amendments double join this bill with AB 545 (Melendez), Chapter 626, Statutes of 2015, to avoid chaptering out issues. EXISTING LAW: 1)Defines "assault" as an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another. 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. 3)Proscribes 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 AB 172 Page 3 not exceeding $2,000, by imprisonment in the county jail not exceeding one year, or by both fine and imprisonment. 4)Defines "battery" as any willful and unlawful use of force or violence upon the person of another. 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. 6)Provides that when a battery is committed against the person of a peace officer, custodial officer, firefighter, EMT, lifeguard, security officer, custody assistant, process server, traffic officer, code enforcement officer, or animal control officer, or search and rescue member engaged in the performance of his or her duties, or a nonsworn employee of a probation department engaged in the performance of his or her duties, or a physician or nurse providing 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, EMT, lifeguard, security officer, custody assistant, process server, traffic officer, code enforcement officer, or animal control officer, or search and rescue member engaged in the performance of his or her duties, or a nonsworn employee of a probation department engaged in the performance of his or her duties, or a physician or nurse providing emergency medical care, the battery is punishable by up to one year in the county jail, by a fine of up to $2,000, or by both a fine and imprisonment. If the victim suffers an injury requiring medical care, the crime is an alternate felony misdemeanor, punishable by up to one year in the county jail, by a fine of up to $2,000, by both a fine and imprisonment, or by 16 months, two or three years in county jail. AB 172 Page 4 7)Provides 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. 8)States battery upon a peace officer engaged in the performance of his or her duties is punishable by a fine not to exceed $10,000, imprisonment in a county jail not to exceed one year or for 16 months, two or three years, or by both a fine and imprisonment. AS PASSED BY THE ASSEMBLY, this bill: 1)Provided 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)Stated 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 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)Provided that a licensed health facility that maintains and operates an emergency department may post a notice in a AB 172 Page 5 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)Defined "nurse" as a licensed nurse of a hospital providing services within the emergency department. 5)Defined "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. FISCAL EFFECT: According to the Senate Appropriations Committee: 1)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. 2)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 AB 172 Page 6 applicable fine for battery convictions (which represent 97% of applicable convictions) remains unchanged. 3)Local health facilities: Likely negligible one-time non-reimbursable local costs to post notices in health facility emergency departments. COMMENTS: 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 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." GOVERNOR'S VETO MESSAGE: AB 172 Page 7 This bill would increase from six months to one year in county jail the maximum punishment for assault or battery of a healthcare worker inside an emergency department. Emergency rooms are overcrowded and often chaotic. I have great respect for the work done by emergency room staff and I recognize the daunting challenges they face every day. If there were evidence that an additional six months in county jail (three months, once good-time credits are applied) would enhance the safety of these workers or serve as a deterrent, I would sign this bill. I doubt that it would do either. We need to find more creative ways to protect the safety of these critical workers. This bill isn't the answer. Analysis Prepared by: Gregory Pagan and Stella Choe / PUB. S. / (916) 319-3744 FN: 0002523