BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 172


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          GOVERNOR'S VETO


          AB  
          172 (Rodriguez)


          As Enrolled  September 11, 2015


          2/3 vote


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          |ASSEMBLY:  | 78-0 | (June 2,      |SENATE: |40-0  | (September 8,   |
          |           |      |2015)          |        |      |2015)            |
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          |ASSEMBLY:  | 78-0 | (September 9, |        |      |                 |
          |           |      |2015)          |        |      |                 |
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          Original Committee Reference:  PUB. S.




          SUMMARY:   
          Increases the penalties for assault and battery committed  








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          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  








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            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.  









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          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  








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            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  








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            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:










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          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