AB 172: Emergency departments: assaults and batteries.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2015-09-11
(1)Existing law defines an assault as an unlawful attempt, coupled with present ability, to commit a violent injury on the person of another. Under existing law, an assault committed against a physician or nurse engaged in rendering emergency medical care outside a hospital, clinic, or other health care facility is punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding $2,000, or by both that fine and imprisonment.
This bill would also make an assault committed against a physician, nurse, or other health care worker of a hospital engaged in providing services within the emergency department punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding $2,000, or by both that fine and imprisonment. By expanding the scope of a crime, this bill would impose a state-mandated local program.
(2)Existing law defines a battery as any willful and unlawful use of force or violence upon the person of another. Under existing law a battery committed against a physician or nurse engaged in rendering emergency medical care outside a hospital, clinic, or other health care facility is punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding $2,000, or by both that fine and imprisonment.
This bill would also make a battery committed against a physician, nurse, or other health care worker of a hospital engaged in providing services within the emergency department punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding $2,000, or by both that fine and imprisonment. By expanding the scope of a crime, this bill would impose a state-mandated local program.
(3)This bill would authorize a health facility that maintains and operates an emergency department to post a notice in the emergency department stating that an assault or battery against staff is a crime, and may result in a criminal conviction, as provided.
(4)This bill would incorporate additional changes to Section 243 of the Penal Code proposed by AB 545 that would become operative if this bill and AB 545 are both enacted and this bill is enacted last.
(5)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(1)Existing law defines an assault as an unlawful attempt, coupled with present ability, to commit a violent injury on the person of another. Under existing law, an assault committed against a physician or nurse engaged in rendering emergency medical care outside a hospital, clinic, or other health care facility is punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding $2,000, or by both that fine and imprisonment.
This bill would also make an assault committed against a physician, nurse, or other health care worker of a hospital engaged in providing services within the emergency department punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding $2,000, or by both that fine and imprisonment. By expanding the scope of a crime, this bill would impose a state-mandated local program.
(2)Existing law defines a battery as any willful and unlawful use of force or violence upon the person of another. Under existing law a battery committed against a physician or nurse engaged in rendering emergency medical care outside a hospital, clinic, or other health care facility is punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding $2,000, or by both that fine and imprisonment.
This bill would also make a battery committed against a physician, nurse, or other health care worker of a hospital engaged in providing services within the emergency department punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding $2,000, or by both that fine and imprisonment. By expanding the scope of a crime, this bill would impose a state-mandated local program.
(3)This bill would allow authorize a health facility that maintains and operates an emergency department to post a notice in the emergency department stating that an assault or battery against staff is a crime, and may result in a criminal conviction, as provided.
(4)This bill would incorporate additional changes to Section 243 of the Penal Code proposed by AB 545 that would become operative if this bill and AB 545 are both enacted and this bill is enacted last.
(4)
(5)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(1)Existing law defines an assault as an unlawful attempt, coupled with present ability, to commit a violent injury on the person of another. Under existing law, an assault committed against a physician or nurse engaged in rendering emergency medical care outside a hospital, clinic, or other health care facility is punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding $2,000, or by both that fine and imprisonment.
This bill would also make an assault committed against a physician, nurse, or other health care worker of a hospital engaged in providing services within the emergency department punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding $2,000, or by both that fine and imprisonment. By expanding the scope of a crime, this bill would impose a state-mandated local program.
(2)Existing law defines a battery as any willful and unlawful use of force or violence upon the person of another. Under existing law a battery committed against a physician or nurse engaged in rendering emergency medical care outside a hospital, clinic, or other health care facility is punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding $2,000, or by both that fine and imprisonment. Under existing law, if an injury is inflicted the battery is punishable by imprisonment in a county jail not exceeding one year, by a fine of $2,000, or by both that fine and imprisonment, or by imprisonment in a county jail for 16 months, or 2 or 3 years.
This bill would also make a battery committed against a physician, nurse, or other health care worker of a hospital engaged in providing services within the emergency department punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding $2,000, or by both that fine and imprisonment. The bill would, if the battery results in an injury, make the battery punishable by imprisonment in a county jail not exceeding one year, by a fine of $2,000, or by both that fine and imprisonment, or by imprisonment in a county jail for 16 months, or 2 or 3 years. By expanding the scope of a crime, this bill would impose a state-mandated local program.
(3)This bill would allow a health facility that maintains and operates an emergency department to post a notice in the emergency department stating that an assault or battery against staff is a crime, and may result in a felony criminal conviction, as provided.
(4)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(1)Existing law defines an assault as an unlawful attempt, coupled with present ability, to commit a violent injury on the person of another. Under existing law, an assault committed against a physician or nurse engaged in rendering emergency medical care outside a hospital, clinic, or other health care facility is punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding $2,000, or by both that fine and imprisonment.
This bill would also make an assault committed against a physician, nurse, or other health care worker of a hospital engaged in providing services within the emergency department punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding $2,000, or by both that fine and imprisonment. By expanding the scope of a crime, this bill would impose a state-mandated local program.
(2)Existing law defines a battery as any willful and unlawful use of force or violence upon the person of another. Under existing law a battery committed against a physician or nurse engaged in rendering emergency medical care outside a hospital, clinic, or other health care facility is punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding $2,000, or by both that fine and imprisonment. Under existing law, if an injury is inflicted the battery is punishable by imprisonment in a county jail not exceeding one year, by a fine of $2,000, or by both that fine and imprisonment, or by imprisonment in a county jail for 16 months, or 2 or 3 years.
This bill would also make a battery committed against a physician, nurse, or other health care worker of a hospital engaged in providing services within the emergency department punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding $2,000, or by both that fine and imprisonment. The bill would, if the battery results in an injury, make the battery punishable by imprisonment in a county jail not exceeding one year, by a fine of $2,000, or by both that fine and imprisonment, or by imprisonment in a county jail for 16 months, or 2 or 3 years. By expanding the scope of a crime, this bill would impose a state-mandated local program.
(3)This bill would allow a health facility that maintains and operates an emergency department to post a notice in the emergency department stating that an assault or battery against staff is a crime, and may result in a felony conviction, as provided.
(4)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
A health facility licensed under this chapter 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.
SEC. 2.Section 241 of the Penal Code is amended to read:241.
(a)An assault is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six months, or by both the fine and imprisonment.
(b)When an assault is committed against the person of a parking control officer engaged in the performance of his or her duties, and the person committing the offense knows or reasonably should know that the victim is a parking control officer, the assault is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in the county jail not exceeding six months, or by both the fine and imprisonment.
(c)When an assault is committed against the person of a peace officer, firefighter, emergency medical technician, mobile intensive care paramedic, lifeguard, process server, traffic officer, code enforcement officer, animal control officer, or 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, or a physician, nurse, or other health care worker of a hospital engaged in providing services within the emergency department, and the person committing the offense knows or reasonably should know that the victim is a peace officer, firefighter, emergency medical technician, mobile intensive care paramedic, lifeguard, process server, traffic officer, code enforcement officer, animal control officer, or search and rescue member engaged in the performance of his or her duties, or a physician or nurse engaged in rendering emergency medical care, or a physician, nurse, or other health care worker of a hospital engaged in providing services within the emergency department, the assault 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 the fine and imprisonment.
(d)As used in this section, the following definitions apply:
(1)Peace officer means any person defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.
(2)Emergency medical technician means a person possessing a valid course completion certificate from a program approved by the State Department of Health Care Services for the medical training and education of ambulance personnel, and who meets the standards of Division 2.5 (commencing with Section 1797) of the Health and Safety Code.
(3)Mobile intensive care paramedic refers to those persons who meet the standards set forth in Division 2.5 (commencing with Section 1797) of the Health and Safety Code.
(4)Nurse means a person who meets the standards of Division 2.5 (commencing with Section 1797) of the Health and Safety Code or a nurse of a hospital engaged in providing services within the emergency department.
(5)Lifeguard means a person who is:
(A)Employed as a lifeguard by the state, a county, or a city, and is designated by local ordinance as a public officer who has a duty and responsibility to enforce local ordinances and misdemeanors through the issuance of citations.
(B)Wearing distinctive clothing which includes written identification of the persons status as a lifeguard and which clearly identifies the employing organization.
(6)Process server means any person who meets the standards or is expressly exempt from the standards set forth in Section 22350 of the Business and Professions Code.
(7)Traffic officer means any person employed by a county or city to monitor and enforce state laws and local ordinances relating to parking and the operation of vehicles.
(8)Animal control officer means any person employed by a county or city for purposes of enforcing animal control laws or regulations.
(9)(A)Code enforcement officer means any person who is not described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 and who is employed by any governmental subdivision, public or quasi-public corporation, public agency, public service corporation, any town, city, county, or municipal corporation, whether incorporated or chartered, that has enforcement authority for health, safety, and welfare requirements, and whose duties include enforcement of any statute, rules, regulations, or standards, and who is authorized to issue citations, or file formal complaints.
(B)Code enforcement officer also includes any person who is employed by the Department of Housing and Community Development who has enforcement authority for health, safety, and welfare requirements pursuant to the Employee Housing Act (Part 1 (commencing with Section 17000) of Division 13 of the Health and Safety Code); the State Housing Law (Part 1.5 (commencing with Section 17910) of Division 13 of the Health and Safety Code); the Manufactured Housing Act of 1980 (Part 2 (commencing with Section 18000) of Division 13 of the Health and Safety Code); the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code); and the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the Health and Safety Code).
(10)Parking control officer means any person employed by a city, county, or city and county, to monitor and enforce state laws and local ordinances relating to parking.
(11)Search and rescue member means any person who is part of an organized search and rescue team managed by a governmental agency.
(12)Health care worker means 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 hospitals emergency department or the security thereof.
SEC. 3.Section 243 of the Penal Code is amended to read:243.(a)A battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment.
(b)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 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, or a physician, nurse, or other health care worker of a hospital engaged in providing services within the emergency department, 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, or a physician, nurse, or other health care worker of a hospital engaged in providing services within the emergency department, 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.
(c)(1)When a battery is committed against a custodial officer, firefighter, emergency medical technician, lifeguard, process server, traffic officer, or animal control officer engaged in the performance of his or her duties, whether on or off duty, 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 nonsworn employee of a probation department, custodial officer, firefighter, emergency medical technician, lifeguard, process server, traffic officer, or animal control officer engaged in the performance of his or her duties, or a physician or nurse engaged in rendering emergency medical care and an injury is inflicted on that victim, the battery is punishable by a fine of not more than two thousand dollars ($2,000), by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years.
(2)When the battery specified in paragraph (1) is committed against a peace officer engaged in the performance of his or her duties, whether on or off duty, including when the peace officer is in a police 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 and the person committing the offense knows or reasonably should know that the victim is a peace officer engaged in the performance of his or her duties, the battery is punishable by a fine of not more than ten thousand dollars ($10,000), or by imprisonment in a county jail not exceeding one year or pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years, or by both that fine and imprisonment.
(d)When a battery is 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 pursuant to subdivision (h) of Section 1170 for two, three, or four years.
(e)(1)When a battery is committed against a spouse, a person with whom the defendant is cohabiting, a person who is the parent of the defendants child, former spouse, fiance, or fiancee, or a person with whom the defendant currently has, or has previously had, a dating or engagement relationship, the battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail for a period of not more than one year, or by both that fine and imprisonment. If probation is granted, or the execution or imposition of the sentence is suspended, it shall be a condition thereof that the defendant participate in, for no less than one year, and successfully complete, a batterers treatment program, as described in Section 1203.097, or if none is available, another appropriate counseling program designated by the court. However, this provision shall not be construed as requiring a city, a county, or a city and county to provide a new program or higher level of service as contemplated by Section 6 of Article XIIIB of the California Constitution.
(2)Upon conviction of a violation of this subdivision, if probation is granted, the conditions of probation may include, in lieu of a fine, one or both of the following requirements:
(A)That the defendant make payments to a battered womens shelter, up to a maximum of five thousand dollars ($5,000).
(B)That the defendant reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendants offense.
For any order to pay a fine, make payments to a battered womens shelter, or pay restitution as a condition of probation under this subdivision, the court shall make a determination of the defendants ability to pay. In no event shall any order to make payments to a battered womens shelter be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support. If the injury to a married person is caused in whole or in part by the criminal acts of his or her spouse in violation of this section, the community property shall not be used to discharge the liability of the offending spouse for restitution to the injured spouse, required by Section 1203.04, as operative on or before August 2, 1995, or Section 1202.4, or to a shelter for costs with regard to the injured spouse and dependents, required by this section, until all separate property of the offending spouse is exhausted.
(3)Upon conviction of a violation of this subdivision, if probation is granted or the execution or imposition of the sentence is suspended and the person has been previously convicted of a violation of this subdivision and sentenced under paragraph (1), the person shall be imprisoned for not less than 48 hours in addition to the conditions in paragraph (1). However, the court, upon a showing of good cause, may elect not to impose the mandatory minimum imprisonment as required by this subdivision and may, under these circumstances, grant probation or order the suspension of the execution or imposition of the sentence.
(4)The Legislature finds and declares that these specified crimes merit special consideration when imposing a sentence so as to display societys condemnation for these crimes of violence upon victims with whom a close relationship has been formed.
(5)If a peace officer makes an arrest for a violation of paragraph (1), the peace officer is not required to inform the victim of his or her right to make a citizens arrest pursuant to subdivision (b) of Section 836.
(f)As used in this section:
(1)Peace officer means any person defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.
(2)Emergency medical technician means a person who is either an EMT-I, EMT-II, or EMT-P (paramedic), and possesses a valid certificate or license in accordance with the standards of Division 2.5 (commencing with Section 1797) of the Health and Safety Code.
(3)Nurse means a person who meets the standards of Division 2.5 (commencing with Section 1797) of the Health and Safety Code or a nurse of a hospital engaged in providing services within the emergency department.
(4)Serious bodily injury means a serious impairment of physical condition, including, but not limited to, the following: loss of consciousness; concussion; bone fracture; protracted loss or impairment of function of any bodily member or organ; a wound requiring extensive suturing; and serious disfigurement.
(5)Injury means any physical injury which requires professional medical treatment.
(6)Custodial officer means any person who has the responsibilities and duties described in Section 831 and who is employed by a law enforcement agency of any city or county or who performs those duties as a volunteer.
(7)Lifeguard means a person defined in paragraph (5) of subdivision (d) of Section 241.
(8)Traffic officer means any person employed by a city, county, or city and county to monitor and enforce state laws and local ordinances relating to parking and the operation of vehicles.
(9)Animal control officer means any person employed by a city, county, or city and county for purposes of enforcing animal control laws or regulations.
(10)Dating relationship means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement independent of financial considerations.
(11)(A)Code enforcement officer means any person who is not described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 and who is employed by any governmental subdivision, public or quasi-public corporation, public agency, public service corporation, any town, city, county, or municipal corporation, whether incorporated or chartered, who has enforcement authority for health, safety, and welfare requirements, and whose duties include enforcement of any statute, rules, regulations, or standards, and who is authorized to issue citations, or file formal complaints.
(B)Code enforcement officer also includes any person who is employed by the Department of Housing and Community Development who has enforcement authority for health, safety, and welfare requirements pursuant to the Employee Housing Act (Part 1 (commencing with Section 17000) of Division 13 of the Health and Safety Code); the State Housing Law (Part 1.5 (commencing with Section 17910) of Division 13 of the Health and Safety Code); the Manufactured Housing Act of 1980 (Part 2 (commencing with Section 18000) of Division 13 of the Health and Safety Code); the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code); and the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the Health and Safety Code).
(12)Custody assistant means any person who has the responsibilities and duties described in Section 831.7 and who is employed by a law enforcement agency of any city, county, or city and county.
(13)Search and rescue member means any person who is part of an organized search and rescue team managed by a government agency.
(14)Security officer means any person who has the responsibilities and duties described in Section 831.4 and who is employed by a law enforcement agency of any city, county, or city and county.
(15)Health care worker means 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 hospitals emergency department or the security thereof.
(g)It is the intent of the Legislature by amendments to this section at the 198182 and 198384 Regular Sessions to abrogate the holdings in cases such as People v. Corey, 21 Cal.3d 738, and Cervantez v. J.C. Penney Co., 24 Cal.3d 579, and to reinstate prior judicial interpretations of this section as they relate to criminal sanctions for battery on peace officers who are employed, on a part-time or casual basis, while wearing a police uniform as private security guards or patrolmen and to allow the exercise of peace officer powers concurrently with that employment.
SEC. 3.5.Section 243 of the Penal Code is amended to read:243.(a)A battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment.
(b)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 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, or a physician, nurse, or other health care worker of a hospital engaged in providing services within the emergency department, 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, or a physician, nurse, or other health care worker of a hospital engaged in providing services within the emergency department, 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.
(c)(1)When a battery is committed against a custodial officer, firefighter, emergency medical technician, lifeguard, process server, traffic officer, or animal control officer engaged in the performance of his or her duties, whether on or off duty, 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 nonsworn employee of a probation department, custodial officer, firefighter, emergency medical technician, lifeguard, process server, traffic officer, or animal control officer engaged in the performance of his or her duties, or a physician or nurse engaged in rendering emergency medical care and an injury is inflicted on that victim, the battery is punishable by a fine of not more than two thousand dollars ($2,000), by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years.
(2)When the battery specified in paragraph (1) is committed against a peace officer engaged in the performance of his or her duties, whether on or off duty, including when the peace officer is in a police 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 and the person committing the offense knows or reasonably should know that the victim is a peace officer engaged in the performance of his or her duties, the battery is punishable by a fine of not more than ten thousand dollars ($10,000), or by imprisonment in a county jail not exceeding one year or pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years, or by both that fine and imprisonment.
(d)When a battery is 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 pursuant to subdivision (h) of Section 1170 for two, three, or four years.
(e)(1)When a battery is committed against a spouse, a person with whom the defendant is cohabiting, a person who is the parent of the defendants child, former spouse, fiance, or fiancee, or a person with whom the defendant currently has, or has previously had, a dating or engagement relationship, the battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail for a period of not more than one year, or by both that fine and imprisonment. If probation is granted, or the execution or imposition of the sentence is suspended, it shall be a condition thereof that the defendant participate in, for no less than one year, and successfully complete, a batterers treatment program, as described in Section 1203.097, or if none is available, another appropriate counseling program designated by the court. However, this provision shall not be construed as requiring a city, a county, or a city and county to provide a new program or higher level of service as contemplated by Section 6 of Article XIIIB of the California Constitution.
(2)Upon conviction of a violation of this subdivision, if probation is granted, the conditions of probation may include, in lieu of a fine, one or both of the following requirements:
(A)That the defendant make payments to a battered womens shelter, up to a maximum of five thousand dollars ($5,000).
(B)That the defendant reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendants offense.
For any order to pay a fine, make payments to a battered womens shelter, or pay restitution as a condition of probation under this subdivision, the court shall make a determination of the defendants ability to pay. In no event shall any order to make payments to a battered womens shelter be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support. If the injury to a married person is caused in whole or in part by the criminal acts of his or her spouse in violation of this section, the community property shall not be used to discharge the liability of the offending spouse for restitution to the injured spouse, required by Section 1203.04, as operative on or before August 2, 1995, or Section 1202.4, or to a shelter for costs with regard to the injured spouse and dependents, required by this section, until all separate property of the offending spouse is exhausted.
(3)Upon conviction of a violation of this subdivision, if probation is granted or the execution or imposition of the sentence is suspended and the person has been previously convicted of a violation of this subdivision or Section 273.5, the person shall be imprisoned for not less than 48 hours in addition to the conditions in paragraph (1). However, the court, upon a showing of good cause, may elect not to impose the mandatory minimum imprisonment as required by this subdivision and may, under these circumstances, grant probation or order the suspension of the execution or imposition of the sentence.
(4)The Legislature finds and declares that these specified crimes merit special consideration when imposing a sentence so as to display societys condemnation for these crimes of violence upon victims with whom a close relationship has been formed.
(5)If a peace officer makes an arrest for a violation of paragraph (1), the peace officer is not required to inform the victim of his or her right to make a citizens arrest pursuant to subdivision (b) of Section 836.
(f)As used in this section:
(1)Peace officer means any person defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.
(2)Emergency medical technician means a person who is either an EMT-I, EMT-II, or EMT-P (paramedic), and possesses a valid certificate or license in accordance with the standards of Division 2.5 (commencing with Section 1797) of the Health and Safety Code.
(3)Nurse means a person who meets the standards of Division 2.5 (commencing with Section 1797) of the Health and Safety Code or a nurse of a hospital engaged in providing services within the emergency department.
(4)Serious bodily injury means a serious impairment of physical condition, including, but not limited to, the following: loss of consciousness; concussion; bone fracture; protracted loss or impairment of function of any bodily member or organ; a wound requiring extensive suturing; and serious disfigurement.
(5)Injury means any physical injury which requires professional medical treatment.
(6)Custodial officer means any person who has the responsibilities and duties described in Section 831 and who is employed by a law enforcement agency of any city or county or who performs those duties as a volunteer.
(7)Lifeguard means a person defined in paragraph (5) of subdivision (d) of Section 241.
(8)Traffic officer means any person employed by a city, county, or city and county to monitor and enforce state laws and local ordinances relating to parking and the operation of vehicles.
(9)Animal control officer means any person employed by a city, county, or city and county for purposes of enforcing animal control laws or regulations.
(10)Dating relationship means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement independent of financial considerations.
(11)(A)Code enforcement officer means any person who is not described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 and who is employed by any governmental subdivision, public or quasi-public corporation, public agency, public service corporation, any town, city, county, or municipal corporation, whether incorporated or chartered, who has enforcement authority for health, safety, and welfare requirements, and whose duties include enforcement of any statute, rules, regulations, or standards, and who is authorized to issue citations, or file formal complaints.
(B)Code enforcement officer also includes any person who is employed by the Department of Housing and Community Development who has enforcement authority for health, safety, and welfare requirements pursuant to the Employee Housing Act (Part 1 (commencing with Section 17000) of Division 13 of the Health and Safety Code); the State Housing Law (Part 1.5 (commencing with Section 17910) of Division 13 of the Health and Safety Code); the Manufactured Housing Act of 1980 (Part 2 (commencing with Section 18000) of Division 13 of the Health and Safety Code); the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code); and the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the Health and Safety Code).
(12)Custody assistant means any person who has the responsibilities and duties described in Section 831.7 and who is employed by a law enforcement agency of any city, county, or city and county.
(13)Search and rescue member means any person who is part of an organized search and rescue team managed by a government agency.
(14)Security officer means any person who has the responsibilities and duties described in Section 831.4 and who is employed by a law enforcement agency of any city, county, or city and county.
(15)Health care worker means 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 hospitals emergency department or the security thereof.
(g)It is the intent of the Legislature by amendments to this section at the 198182 and 198384 Regular Sessions to abrogate the holdings in cases such as People v. Corey, 21 Cal.3d 738, and Cervantez v. J.C. Penney Co., 24 Cal.3d 579, and to reinstate prior judicial interpretations of this section as they relate to criminal sanctions for battery on peace officers who are employed, on a part-time or casual basis, while wearing a police uniform as private security guards or patrolmen and to allow the exercise of peace officer powers concurrently with that employment.
SEC. 4.Section 3.5 of this bill incorporates amendments to Section 243 of the Penal Code proposed by both this bill and Assembly Bill 545. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 243 of the Penal Code, and (3) this bill is enacted after Assembly Bill 545, in which case Section 3 of this bill shall not become operative.
SEC. 5.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
A health facility licensed under this chapter 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.
SEC. 2.Section 241 of the Penal Code is amended to read:241.
(a)An assault is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six months, or by both the fine and imprisonment.
(b)When an assault is committed against the person of a parking control officer engaged in the performance of his or her duties, and the person committing the offense knows or reasonably should know that the victim is a parking control officer, the assault is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in the county jail not exceeding six months, or by both the fine and imprisonment.
(c)When an assault is committed against the person of a peace officer, firefighter, emergency medical technician, mobile intensive care paramedic, lifeguard, process server, traffic officer, code enforcement officer, animal control officer, or 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, or a physician, nurse, or other health care worker of a hospital engaged in providing services within the emergency department, and the person committing the offense knows or reasonably should know that the victim is a peace officer, firefighter, emergency medical technician, mobile intensive care paramedic, lifeguard, process server, traffic officer, code enforcement officer, animal control officer, or search and rescue member engaged in the performance of his or her duties, or a physician or nurse engaged in rendering emergency medical care, or a physician, nurse, or other health care worker of a hospital engaged in providing services within the emergency department, the assault 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 the fine and imprisonment.
(d)As used in this section, the following definitions apply:
(1)Peace officer means any person defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.
(2)Emergency medical technician means a person possessing a valid course completion certificate from a program approved by the State Department of Health Care Services for the medical training and education of ambulance personnel, and who meets the standards of Division 2.5 (commencing with Section 1797) of the Health and Safety Code.
(3)Mobile intensive care paramedic refers to those persons who meet the standards set forth in Division 2.5 (commencing with Section 1797) of the Health and Safety Code.
(4)Nurse means a person who meets the standards of Division 2.5 (commencing with Section 1797) of the Health and Safety Code or a nurse of a hospital engaged in providing services within the emergency department.
(5)Lifeguard means a person who is:
(A)Employed as a lifeguard by the state, a county, or a city, and is designated by local ordinance as a public officer who has a duty and responsibility to enforce local ordinances and misdemeanors through the issuance of citations.
(B)Wearing distinctive clothing which includes written identification of the persons status as a lifeguard and which clearly identifies the employing organization.
(6)Process server means any person who meets the standards or is expressly exempt from the standards set forth in Section 22350 of the Business and Professions Code.
(7)Traffic officer means any person employed by a county or city to monitor and enforce state laws and local ordinances relating to parking and the operation of vehicles.
(8)Animal control officer means any person employed by a county or city for purposes of enforcing animal control laws or regulations.
(9)(A)Code enforcement officer means any person who is not described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 and who is employed by any governmental subdivision, public or quasi-public corporation, public agency, public service corporation, any town, city, county, or municipal corporation, whether incorporated or chartered, that has enforcement authority for health, safety, and welfare requirements, and whose duties include enforcement of any statute, rules, regulations, or standards, and who is authorized to issue citations, or file formal complaints.
(B)Code enforcement officer also includes any person who is employed by the Department of Housing and Community Development who has enforcement authority for health, safety, and welfare requirements pursuant to the Employee Housing Act (Part 1 (commencing with Section 17000) of Division 13 of the Health and Safety Code); the State Housing Law (Part 1.5 (commencing with Section 17910) of Division 13 of the Health and Safety Code); the Manufactured Housing Act of 1980 (Part 2 (commencing with Section 18000) of Division 13 of the Health and Safety Code); the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code); and the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the Health and Safety Code).
(10)Parking control officer means any person employed by a city, county, or city and county, to monitor and enforce state laws and local ordinances relating to parking.
(11)Search and rescue member means any person who is part of an organized search and rescue team managed by a governmental agency.
(12)Health care worker means 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 hospitals emergency department or the security thereof.
SEC. 3.Section 243 of the Penal Code is amended to read:243.(a)A battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment.
(b)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 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, or a physician, nurse, or other health care worker of a hospital engaged in providing services within the emergency department, 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, or a physician, nurse, or other health care worker of a hospital engaged in providing services within the emergency department, 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.
(c)(1)When a battery is committed against a custodial officer, firefighter, emergency medical technician, lifeguard, process server, traffic officer, or animal control officer engaged in the performance of his or her duties, whether on or off duty, 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 nonsworn employee of a probation department, custodial officer, firefighter, emergency medical technician, lifeguard, process server, traffic officer, or animal control officer engaged in the performance of his or her duties, or a physician or nurse engaged in rendering emergency medical care and an injury is inflicted on that victim, the battery is punishable by a fine of not more than two thousand dollars ($2,000), by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years.
(2)When the battery specified in paragraph (1) is committed against a peace officer engaged in the performance of his or her duties, whether on or off duty, including when the peace officer is in a police 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 and the person committing the offense knows or reasonably should know that the victim is a peace officer engaged in the performance of his or her duties, the battery is punishable by a fine of not more than ten thousand dollars ($10,000), or by imprisonment in a county jail not exceeding one year or pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years, or by both that fine and imprisonment.
(d)When a battery is 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 pursuant to subdivision (h) of Section 1170 for two, three, or four years.
(e)(1)When a battery is committed against a spouse, a person with whom the defendant is cohabiting, a person who is the parent of the defendants child, former spouse, fiance, or fiancee, or a person with whom the defendant currently has, or has previously had, a dating or engagement relationship, the battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail for a period of not more than one year, or by both that fine and imprisonment. If probation is granted, or the execution or imposition of the sentence is suspended, it shall be a condition thereof that the defendant participate in, for no less than one year, and successfully complete, a batterers treatment program, as described in Section 1203.097, or if none is available, another appropriate counseling program designated by the court. However, this provision shall not be construed as requiring a city, a county, or a city and county to provide a new program or higher level of service as contemplated by Section 6 of Article XIIIB of the California Constitution.
(2)Upon conviction of a violation of this subdivision, if probation is granted, the conditions of probation may include, in lieu of a fine, one or both of the following requirements:
(A)That the defendant make payments to a battered womens shelter, up to a maximum of five thousand dollars ($5,000).
(B)That the defendant reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendants offense.
For any order to pay a fine, make payments to a battered womens shelter, or pay restitution as a condition of probation under this subdivision, the court shall make a determination of the defendants ability to pay. In no event shall any order to make payments to a battered womens shelter be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support. If the injury to a married person is caused in whole or in part by the criminal acts of his or her spouse in violation of this section, the community property shall not be used to discharge the liability of the offending spouse for restitution to the injured spouse, required by Section 1203.04, as operative on or before August 2, 1995, or Section 1202.4, or to a shelter for costs with regard to the injured spouse and dependents, required by this section, until all separate property of the offending spouse is exhausted.
(3)Upon conviction of a violation of this subdivision, if probation is granted or the execution or imposition of the sentence is suspended and the person has been previously convicted of a violation of this subdivision and sentenced under paragraph (1), the person shall be imprisoned for not less than 48 hours in addition to the conditions in paragraph (1). However, the court, upon a showing of good cause, may elect not to impose the mandatory minimum imprisonment as required by this subdivision and may, under these circumstances, grant probation or order the suspension of the execution or imposition of the sentence.
(4)The Legislature finds and declares that these specified crimes merit special consideration when imposing a sentence so as to display societys condemnation for these crimes of violence upon victims with whom a close relationship has been formed.
(5)If a peace officer makes an arrest for a violation of paragraph (1), the peace officer is not required to inform the victim of his or her right to make a citizens arrest pursuant to subdivision (b) of Section 836.
(f)As used in this section:
(1)Peace officer means any person defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.
(2)Emergency medical technician means a person who is either an EMT-I, EMT-II, or EMT-P (paramedic), and possesses a valid certificate or license in accordance with the standards of Division 2.5 (commencing with Section 1797) of the Health and Safety Code.
(3)Nurse means a person who meets the standards of Division 2.5 (commencing with Section 1797) of the Health and Safety Code or a nurse of a hospital engaged in providing services within the emergency department.
(4)Serious bodily injury means a serious impairment of physical condition, including, but not limited to, the following: loss of consciousness; concussion; bone fracture; protracted loss or impairment of function of any bodily member or organ; a wound requiring extensive suturing; and serious disfigurement.
(5)Injury means any physical injury which requires professional medical treatment.
(6)Custodial officer means any person who has the responsibilities and duties described in Section 831 and who is employed by a law enforcement agency of any city or county or who performs those duties as a volunteer.
(7)Lifeguard means a person defined in paragraph (5) of subdivision (d) of Section 241.
(8)Traffic officer means any person employed by a city, county, or city and county to monitor and enforce state laws and local ordinances relating to parking and the operation of vehicles.
(9)Animal control officer means any person employed by a city, county, or city and county for purposes of enforcing animal control laws or regulations.
(10)Dating relationship means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement independent of financial considerations.
(11)(A)Code enforcement officer means any person who is not described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 and who is employed by any governmental subdivision, public or quasi-public corporation, public agency, public service corporation, any town, city, county, or municipal corporation, whether incorporated or chartered, who has enforcement authority for health, safety, and welfare requirements, and whose duties include enforcement of any statute, rules, regulations, or standards, and who is authorized to issue citations, or file formal complaints.
(B)Code enforcement officer also includes any person who is employed by the Department of Housing and Community Development who has enforcement authority for health, safety, and welfare requirements pursuant to the Employee Housing Act (Part 1 (commencing with Section 17000) of Division 13 of the Health and Safety Code); the State Housing Law (Part 1.5 (commencing with Section 17910) of Division 13 of the Health and Safety Code); the Manufactured Housing Act of 1980 (Part 2 (commencing with Section 18000) of Division 13 of the Health and Safety Code); the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code); and the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the Health and Safety Code).
(12)Custody assistant means any person who has the responsibilities and duties described in Section 831.7 and who is employed by a law enforcement agency of any city, county, or city and county.
(13)Search and rescue member means any person who is part of an organized search and rescue team managed by a government agency.
(14)Security officer means any person who has the responsibilities and duties described in Section 831.4 and who is employed by a law enforcement agency of any city, county, or city and county.
(15)Health care worker means 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 hospitals emergency department or the security thereof.
(g)It is the intent of the Legislature by amendments to this section at the 198182 and 198384 Regular Sessions to abrogate the holdings in cases such as People v. Corey, 21 Cal.3d 738, and Cervantez v. J.C. Penney Co., 24 Cal.3d 579, and to reinstate prior judicial interpretations of this section as they relate to criminal sanctions for battery on peace officers who are employed, on a part-time or casual basis, while wearing a police uniform as private security guards or patrolmen and to allow the exercise of peace officer powers concurrently with that employment.
SEC. 3.5.Section 243 of the Penal Code is amended to read:243.(a)A battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment.
(b)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 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, or a physician, nurse, or other health care worker of a hospital engaged in providing services within the emergency department, 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, or a physician, nurse, or other health care worker of a hospital engaged in providing services within the emergency department, 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.
(c)(1)When a battery is committed against a custodial officer, firefighter, emergency medical technician, lifeguard, process server, traffic officer, or animal control officer engaged in the performance of his or her duties, whether on or off duty, 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 nonsworn employee of a probation department, custodial officer, firefighter, emergency medical technician, lifeguard, process server, traffic officer, or animal control officer engaged in the performance of his or her duties, or a physician or nurse engaged in rendering emergency medical care, care and an injury is inflicted on that victim, the battery is punishable by a fine of not more than two thousand dollars ($2,000), by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years.
(2)When the battery specified in paragraph (1) is committed against a peace officer engaged in the performance of his or her duties, whether on or off duty, including when the peace officer is in a police 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 and the person committing the offense knows or reasonably should know that the victim is a peace officer engaged in the performance of his or her duties, the battery is punishable by a fine of not more than ten thousand dollars ($10,000), or by imprisonment in a county jail not exceeding one year or pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years, or by both that fine and imprisonment.
(d)When a battery is 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 pursuant to subdivision (h) of Section 1170 for two, three, or four years.
(e)(1)When a battery is committed against a spouse, a person with whom the defendant is cohabiting, a person who is the parent of the defendants child, former spouse, fiance, or fiancee, or a person with whom the defendant currently has, or has previously had, a dating or engagement relationship, the battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail for a period of not more than one year, or by both that fine and imprisonment. If probation is granted, or the execution or imposition of the sentence is suspended, it shall be a condition thereof that the defendant participate in, for no less than one year, and successfully complete, a batterers treatment program, as described in Section 1203.097, or if none is available, another appropriate counseling program designated by the court. However, this provision shall not be construed as requiring a city, a county, or a city and county to provide a new program or higher level of service as contemplated by Section 6 of Article XIIIB of the California Constitution.
(2)Upon conviction of a violation of this subdivision, if probation is granted, the conditions of probation may include, in lieu of a fine, one or both of the following requirements:
(A)That the defendant make payments to a battered womens shelter, up to a maximum of five thousand dollars ($5,000).
(B)That the defendant reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendants offense.
For any order to pay a fine, make payments to a battered womens shelter, or pay restitution as a condition of probation under this subdivision, the court shall make a determination of the defendants ability to pay. In no event shall any order to make payments to a battered womens shelter be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support. If the injury to a married person is caused in whole or in part by the criminal acts of his or her spouse in violation of this section, the community property shall not be used to discharge the liability of the offending spouse for restitution to the injured spouse, required by Section 1203.04, as operative on or before August 2, 1995, or Section 1202.4, or to a shelter for costs with regard to the injured spouse and dependents, required by this section, until all separate property of the offending spouse is exhausted.
(3)Upon conviction of a violation of this subdivision, if probation is granted or the execution or imposition of the sentence is suspended and the person has been previously convicted of a violation of this subdivision and sentenced under paragraph (1), or Section 273.5, the person shall be imprisoned for not less than 48 hours in addition to the conditions in paragraph (1). However, the court, upon a showing of good cause, may elect not to impose the mandatory minimum imprisonment as required by this subdivision and may, under these circumstances, grant probation or order the suspension of the execution or imposition of the sentence.
(4)The Legislature finds and declares that these specified crimes merit special consideration when imposing a sentence so as to display societys condemnation for these crimes of violence upon victims with whom a close relationship has been formed.
(5)If a peace officer makes an arrest for a violation of paragraph (1) of subdivision (e) of this section, (1), the peace officer is not required to inform the victim of his or her right to make a citizens arrest pursuant to subdivision (b) of Section 836.
(f)As used in this section:
(1)Peace officer means any person defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.
(2)Emergency medical technician means a person who is either an EMT-I, EMT-II, or EMT-P (paramedic), and possesses a valid certificate or license in accordance with the standards of Division 2.5 (commencing with Section 1797) of the Health and Safety Code.
(3)Nurse means a person who meets the standards of Division 2.5 (commencing with Section 1797) of the Health and Safety Code. Code or a nurse of a hospital engaged in providing services within the emergency department.
(4)Serious bodily injury means a serious impairment of physical condition, including, but not limited to, the following: loss of consciousness; concussion; bone fracture; protracted loss or impairment of function of any bodily member or organ; a wound requiring extensive suturing; and serious disfigurement.
(5)Injury means any physical injury which requires professional medical treatment.
(6)Custodial officer means any person who has the responsibilities and duties described in Section 831 and who is employed by a law enforcement agency of any city or county or who performs those duties as a volunteer.
(7)Lifeguard means a person defined in paragraph (5) of subdivision (d) of Section 241.
(8)Traffic officer means any person employed by a city, county, or city and county to monitor and enforce state laws and local ordinances relating to parking and the operation of vehicles.
(9)Animal control officer means any person employed by a city, county, or city and county for purposes of enforcing animal control laws or regulations.
(10)Dating relationship means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement independent of financial considerations.
(11)(A)Code enforcement officer means any person who is not described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 and who is employed by any governmental subdivision, public or quasi-public corporation, public agency, public service corporation, any town, city, county, or municipal corporation, whether incorporated or chartered, who has enforcement authority for health, safety, and welfare requirements, and whose duties include enforcement of any statute, rules, regulations, or standards, and who is authorized to issue citations, or file formal complaints.
(B)Code enforcement officer also includes any person who is employed by the Department of Housing and Community Development who has enforcement authority for health, safety, and welfare requirements pursuant to the Employee Housing Act (Part 1 (commencing with Section 17000) of Division 13 of the Health and Safety Code); the State Housing Law (Part 1.5 (commencing with Section 17910) of Division 13 of the Health and Safety Code); the Manufactured Housing Act of 1980 (Part 2 (commencing with Section 18000) of Division 13 of the Health and Safety Code); the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code); and the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the Health and Safety Code).
(12)Custody assistant means any person who has the responsibilities and duties described in Section 831.7 and who is employed by a law enforcement agency of any city, county, or city and county.
(13)Search and rescue member means any person who is part of an organized search and rescue team managed by a government agency.
(14)Security officer means any person who has the responsibilities and duties described in Section 831.4 and who is employed by a law enforcement agency of any city, county, or city and county.
(15)Health care worker means 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 hospitals emergency department or the security thereof.
(g)It is the intent of the Legislature by amendments to this section at the 198182 and 198384 Regular Sessions to abrogate the holdings in cases such as People v. Corey, 21 Cal. 3d Cal.3d 738, and Cervantez v. J.C. Penney Co., 24 Cal. 3d Cal.3d 579, and to reinstate prior judicial interpretations of this section as they relate to criminal sanctions for battery on peace officers who are employed, on a part-time or casual basis, while wearing a police uniform as private security guards or patrolmen and to allow the exercise of peace officer powers concurrently with that employment.
SEC. 4.Section 3.5 of this bill incorporates amendments to Section 243 of the Penal Code proposed by both this bill and Assembly Bill 545. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 243 of the Penal Code, and (3) this bill is enacted after Assembly Bill 545, in which case Section 3 of this bill shall not become operative.
SEC. 4.SEC. 5.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
A health facility licensed under this chapter 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 felony criminal conviction. All staff have the right to carry out their work without fearing for their safety.
SEC. 2.Section 241 of the Penal Code is amended to read:241.
(a)An assault is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six months, or by both the fine and imprisonment.
(b)When an assault is committed against the person of a parking control officer engaged in the performance of his or her duties, and the person committing the offense knows or reasonably should know that the victim is a parking control officer, the assault is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in the county jail not exceeding six months, or by both the fine and imprisonment.
(c)When an assault is committed against the person of a peace officer, firefighter, emergency medical technician, mobile intensive care paramedic, lifeguard, process server, traffic officer, code enforcement officer, animal control officer, or 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, or a physician, nurse, or other health care worker of a hospital engaged in providing services within the emergency department, and the person committing the offense knows or reasonably should know that the victim is a peace officer, firefighter, emergency medical technician, mobile intensive care paramedic, lifeguard, process server, traffic officer, code enforcement officer, animal control officer, or search and rescue member engaged in the performance of his or her duties, or a physician or nurse engaged in rendering emergency medical care, or a physician, nurse, or other health care worker of a hospital engaged in providing services within the emergency department, the assault 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 the fine and imprisonment.
(d)As used in this section, the following definitions apply:
(1)Peace officer means any person defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.
(2)Emergency medical technician means a person possessing a valid course completion certificate from a program approved by the State Department of Health Care Services for the medical training and education of ambulance personnel, and who meets the standards of Division 2.5 (commencing with Section 1797) of the Health and Safety Code.
(3)Mobile intensive care paramedic refers to those persons who meet the standards set forth in Division 2.5 (commencing with Section 1797) of the Health and Safety Code.
(4)Nurse means a person who meets the standards of Division 2.5 (commencing with Section 1797) of the Health and Safety Code or a nurse of a hospital engaged in providing services within the emergency department.
(5)Lifeguard means a person who is:
(A)Employed as a lifeguard by the state, a county, or a city, and is designated by local ordinance as a public officer who has a duty and responsibility to enforce local ordinances and misdemeanors through the issuance of citations.
(B)Wearing distinctive clothing which includes written identification of the persons status as a lifeguard and which clearly identifies the employing organization.
(6)Process server means any person who meets the standards or is expressly exempt from the standards set forth in Section 22350 of the Business and Professions Code.
(7)Traffic officer means any person employed by a county or city to monitor and enforce state laws and local ordinances relating to parking and the operation of vehicles.
(8)Animal control officer means any person employed by a county or city for purposes of enforcing animal control laws or regulations.
(9)(A)Code enforcement officer means any person who is not described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 and who is employed by any governmental subdivision, public or quasi-public corporation, public agency, public service corporation, any town, city, county, or municipal corporation, whether incorporated or chartered, that has enforcement authority for health, safety, and welfare requirements, and whose duties include enforcement of any statute, rules, regulations, or standards, and who is authorized to issue citations, or file formal complaints.
(B)Code enforcement officer also includes any person who is employed by the Department of Housing and Community Development who has enforcement authority for health, safety, and welfare requirements pursuant to the Employee Housing Act (Part 1 (commencing with Section 17000) of Division 13 of the Health and Safety Code); the State Housing Law (Part 1.5 (commencing with Section 17910) of Division 13 of the Health and Safety Code); the Manufactured Housing Act of 1980 (Part 2 (commencing with Section 18000) of Division 13 of the Health and Safety Code); the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code); and the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the Health and Safety Code).
(10)Parking control officer means any person employed by a city, county, or city and county, to monitor and enforce state laws and local ordinances relating to parking.
(11)Search and rescue member means any person who is part of an organized search and rescue team managed by a governmental agency.
(12)Health care worker means 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 hospitals emergency department or the security thereof.
SEC. 3.Section 243 of the Penal Code is amended to read:243.(a)A battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment.
(b)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 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, or a physician, nurse, or other health care worker of a hospital engaged in providing services within the emergency department, 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, or a physician, nurse, or other health care worker of a hospital engaged in providing services within the emergency department, 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.
(c)(1)When a battery is committed against a custodial officer, firefighter, emergency medical technician, lifeguard, process server, traffic officer, or animal control officer engaged in the performance of his or her duties, whether on or off duty, 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, or a physician, nurse, or other health care worker of a hospital engaged in providing services within the emergency department, and the person committing the offense knows or reasonably should know that the victim is a nonsworn employee of a probation department, custodial officer, firefighter, emergency medical technician, lifeguard, process server, traffic officer, or animal control officer engaged in the performance of his or her duties, or a physician or nurse engaged in rendering emergency medical care, or a physician, nurse, or other health care worker of a hospital engaged in providing services within the emergency department, care and an injury is inflicted on that victim, the battery is punishable by a fine of not more than two thousand dollars ($2,000), by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years.
(2)When the battery specified in paragraph (1) is committed against a peace officer engaged in the performance of his or her duties, whether on or off duty, including when the peace officer is in a police 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 and the person committing the offense knows or reasonably should know that the victim is a peace officer engaged in the performance of his or her duties, the battery is punishable by a fine of not more than ten thousand dollars ($10,000), or by imprisonment in a county jail not exceeding one year or pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years, or by both that fine and imprisonment.
(d)When a battery is 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 pursuant to subdivision (h) of Section 1170 for two, three, or four years.
(e)(1)When a battery is committed against a spouse, a person with whom the defendant is cohabiting, a person who is the parent of the defendants child, former spouse, fiance, or fiancee, or a person with whom the defendant currently has, or has previously had, a dating or engagement relationship, the battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail for a period of not more than one year, or by both that fine and imprisonment. If probation is granted, or the execution or imposition of the sentence is suspended, it shall be a condition thereof that the defendant participate in, for no less than one year, and successfully complete, a batterers treatment program, as described in Section 1203.097, or if none is available, another appropriate counseling program designated by the court. However, this provision shall not be construed as requiring a city, a county, or a city and county to provide a new program or higher level of service as contemplated by Section 6 of Article XIIIB of the California Constitution.
(2)Upon conviction of a violation of this subdivision, if probation is granted, the conditions of probation may include, in lieu of a fine, one or both of the following requirements:
(A)That the defendant make payments to a battered womens shelter, up to a maximum of five thousand dollars ($5,000).
(B)That the defendant reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendants offense.
For any order to pay a fine, make payments to a battered womens shelter, or pay restitution as a condition of probation under this subdivision, the court shall make a determination of the defendants ability to pay. In no event shall any order to make payments to a battered womens shelter be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support. If the injury to a married person is caused in whole or in part by the criminal acts of his or her spouse in violation of this section, the community property shall not be used to discharge the liability of the offending spouse for restitution to the injured spouse, required by Section 1203.04, as operative on or before August 2, 1995, or Section 1202.4, or to a shelter for costs with regard to the injured spouse and dependents, required by this section, until all separate property of the offending spouse is exhausted.
(3)Upon conviction of a violation of this subdivision, if probation is granted or the execution or imposition of the sentence is suspended and the person has been previously convicted of a violation of this subdivision and sentenced under paragraph (1), the person shall be imprisoned for not less than 48 hours in addition to the conditions in paragraph (1). However, the court, upon a showing of good cause, may elect not to impose the mandatory minimum imprisonment as required by this subdivision and may, under these circumstances, grant probation or order the suspension of the execution or imposition of the sentence.
(4)The Legislature finds and declares that these specified crimes merit special consideration when imposing a sentence so as to display societys condemnation for these crimes of violence upon victims with whom a close relationship has been formed.
(5)If a peace officer makes an arrest for a violation of paragraph (1), the peace officer is not required to inform the victim of his or her right to make a citizens arrest pursuant to subdivision (b) of Section 836.
(f)As used in this section:
(1)Peace officer means any person defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.
(2)Emergency medical technician means a person who is either an EMT-I, EMT-II, or EMT-P (paramedic), and possesses a valid certificate or license in accordance with the standards of Division 2.5 (commencing with Section 1797) of the Health and Safety Code.
(3)Nurse means a person who meets the standards of Division 2.5 (commencing with Section 1797) of the Health and Safety Code or a nurse of a hospital engaged in providing services within the emergency department.
(4)Serious bodily injury means a serious impairment of physical condition, including, but not limited to, the following: loss of consciousness; concussion; bone fracture; protracted loss or impairment of function of any bodily member or organ; a wound requiring extensive suturing; and serious disfigurement.
(5)Injury means any physical injury which requires professional medical treatment.
(6)Custodial officer means any person who has the responsibilities and duties described in Section 831 and who is employed by a law enforcement agency of any city or county or who performs those duties as a volunteer.
(7)Lifeguard means a person defined in paragraph (5) of subdivision (d) of Section 241.
(8)Traffic officer means any person employed by a city, county, or city and county to monitor and enforce state laws and local ordinances relating to parking and the operation of vehicles.
(9)Animal control officer means any person employed by a city, county, or city and county for purposes of enforcing animal control laws or regulations.
(10)Dating relationship means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement independent of financial considerations.
(11)(A)Code enforcement officer means any person who is not described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 and who is employed by any governmental subdivision, public or quasi-public corporation, public agency, public service corporation, any town, city, county, or municipal corporation, whether incorporated or chartered, who has enforcement authority for health, safety, and welfare requirements, and whose duties include enforcement of any statute, rules, regulations, or standards, and who is authorized to issue citations, or file formal complaints.
(B)Code enforcement officer also includes any person who is employed by the Department of Housing and Community Development who has enforcement authority for health, safety, and welfare requirements pursuant to the Employee Housing Act (Part 1 (commencing with Section 17000) of Division 13 of the Health and Safety Code); the State Housing Law (Part 1.5 (commencing with Section 17910) of Division 13 of the Health and Safety Code); the Manufactured Housing Act of 1980 (Part 2 (commencing with Section 18000) of Division 13 of the Health and Safety Code); the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code); and the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the Health and Safety Code).
(12)Custody assistant means any person who has the responsibilities and duties described in Section 831.7 and who is employed by a law enforcement agency of any city, county, or city and county.
(13)Search and rescue member means any person who is part of an organized search and rescue team managed by a government agency.
(14)Security officer means any person who has the responsibilities and duties described in Section 831.4 and who is employed by a law enforcement agency of any city, county, or city and county.
(15)Health care worker means 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 hospitals emergency department or the security thereof.
(g)It is the intent of the Legislature by amendments to this section at the 198182 and 198384 Regular Sessions to abrogate the holdings in cases such as People v. Corey, 21 Cal.3d 738, and Cervantez v. J.C. Penney Co., 24 Cal.3d 579, and to reinstate prior judicial interpretations of this section as they relate to criminal sanctions for battery on peace officers who are employed, on a part-time or casual basis, while wearing a police uniform as private security guards or patrolmen and to allow the exercise of peace officer powers concurrently with that employment.
SEC. 4.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
A health facility licensed under this chapter 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 felony conviction. All staff have the right to carry out their work without fearing for their safety.
SEC. 2.Section 241 of the Penal Code is amended to read:241.
(a)An assault is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six months, or by both the fine and imprisonment.
(b)When an assault is committed against the person of a parking control officer engaged in the performance of his or her duties, and the person committing the offense knows or reasonably should know that the victim is a parking control officer, the assault is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in the county jail not exceeding six months, or by both the fine and imprisonment.
(c)When an assault is committed against the person of a peace officer, firefighter, emergency medical technician, mobile intensive care paramedic, lifeguard, process server, traffic officer, code enforcement officer, animal control officer, or 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, or a physician, nurse, or other health care worker of a hospital engaged in providing services within the emergency department, and the person committing the offense knows or reasonably should know that the victim is a peace officer, firefighter, emergency medical technician, mobile intensive care paramedic, lifeguard, process server, traffic officer, code enforcement officer, animal control officer, or search and rescue member engaged in the performance of his or her duties, or a physician or nurse engaged in rendering emergency medical care, or a physician, nurse, or other health care worker of a hospital engaged in providing services within the emergency department, the assault 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 the fine and imprisonment.
(d)As used in this section, the following definitions apply:
(1)Peace officer means any person defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.
(2)Emergency medical technician means a person possessing a valid course completion certificate from a program approved by the State Department of Health Care Services for the medical training and education of ambulance personnel, and who meets the standards of Division 2.5 (commencing with Section 1797) of the Health and Safety Code.
(3)Mobile intensive care paramedic refers to those persons who meet the standards set forth in Division 2.5 (commencing with Section 1797) of the Health and Safety Code.
(4)Nurse means a person who meets the standards of Division 2.5 (commencing with Section 1797) of the Health and Safety Code or a nurse of a hospital engaged in providing services within the emergency department.
(5)Lifeguard means a person who is:
(A)Employed as a lifeguard by the state, a county, or a city, and is designated by local ordinance as a public officer who has a duty and responsibility to enforce local ordinances and misdemeanors through the issuance of citations.
(B)Wearing distinctive clothing which includes written identification of the persons status as a lifeguard and which clearly identifies the employing organization.
(6)Process server means any person who meets the standards or is expressly exempt from the standards set forth in Section 22350 of the Business and Professions Code.
(7)Traffic officer means any person employed by a county or city to monitor and enforce state laws and local ordinances relating to parking and the operation of vehicles.
(8)Animal control officer means any person employed by a county or city for purposes of enforcing animal control laws or regulations.
(9)(A)Code enforcement officer means any person who is not described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 and who is employed by any governmental subdivision, public or quasi-public corporation, public agency, public service corporation, any town, city, county, or municipal corporation, whether incorporated or chartered, that has enforcement authority for health, safety, and welfare requirements, and whose duties include enforcement of any statute, rules, regulations, or standards, and who is authorized to issue citations, or file formal complaints.
(B)Code enforcement officer also includes any person who is employed by the Department of Housing and Community Development who has enforcement authority for health, safety, and welfare requirements pursuant to the Employee Housing Act (Part 1 (commencing with Section 17000) of Division 13 of the Health and Safety Code); the State Housing Law (Part 1.5 (commencing with Section 17910) of Division 13 of the Health and Safety Code); the Manufactured Housing Act of 1980 (Part 2 (commencing with Section 18000) of Division 13 of the Health and Safety Code); the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code); and the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the Health and Safety Code).
(10)Parking control officer means any person employed by a city, county, or city and county, to monitor and enforce state laws and local ordinances relating to parking.
(11)Search and rescue member means any person who is part of an organized search and rescue team managed by a governmental agency.
(12)Health care worker means 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 hospitals emergency department or the security thereof.
SEC. 3.Section 243 of the Penal Code is amended to read:243.(a)A battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment.
(b)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 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, or a physician, nurse, or other health care worker of a hospital engaged in providing services within the emergency department, 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, or a physician, nurse, or other health care worker of a hospital engaged in providing services within the emergency department, 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.
(c)(1)When a battery is committed against a custodial officer, firefighter, emergency medical technician, lifeguard, process server, traffic officer, or animal control officer engaged in the performance of his or her duties, whether on or off duty, 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, or a physician, nurse, or other health care worker of a hospital engaged in providing services within the emergency department, and the person committing the offense knows or reasonably should know that the victim is a nonsworn employee of a probation department, custodial officer, firefighter, emergency medical technician, lifeguard, process server, traffic officer, or animal control officer engaged in the performance of his or her duties, or a physician or nurse engaged in rendering emergency medical care, or a physician, nurse, or other health care worker of a hospital engaged in providing services within the emergency department, and an injury is inflicted on that victim, the battery is punishable by a fine of not more than two thousand dollars ($2,000), by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years.
(2)When the battery specified in paragraph (1) is committed against a peace officer engaged in the performance of his or her duties, whether on or off duty, including when the peace officer is in a police 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 and the person committing the offense knows or reasonably should know that the victim is a peace officer engaged in the performance of his or her duties, the battery is punishable by a fine of not more than ten thousand dollars ($10,000), or by imprisonment in a county jail not exceeding one year or pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years, or by both that fine and imprisonment.
(d)When a battery is 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 pursuant to subdivision (h) of Section 1170 for two, three, or four years.
(e)(1)When a battery is committed against a spouse, a person with whom the defendant is cohabiting, a person who is the parent of the defendants child, former spouse, fiance, or fiancee, or a person with whom the defendant currently has, or has previously had, a dating or engagement relationship, the battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail for a period of not more than one year, or by both that fine and imprisonment. If probation is granted, or the execution or imposition of the sentence is suspended, it shall be a condition thereof that the defendant participate in, for no less than one year, and successfully complete, a batterers treatment program, as described in Section 1203.097, or if none is available, another appropriate counseling program designated by the court. However, this provision shall not be construed as requiring a city, a county, or a city and county to provide a new program or higher level of service as contemplated by Section 6 of Article XIIIB of the California Constitution.
(2)Upon conviction of a violation of this subdivision, if probation is granted, the conditions of probation may include, in lieu of a fine, one or both of the following requirements:
(A)That the defendant make payments to a battered womens shelter, up to a maximum of five thousand dollars ($5,000).
(B)That the defendant reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendants offense.
For any order to pay a fine, make payments to a battered womens shelter, or pay restitution as a condition of probation under this subdivision, the court shall make a determination of the defendants ability to pay. In no event shall any order to make payments to a battered womens shelter be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support. If the injury to a married person is caused in whole or in part by the criminal acts of his or her spouse in violation of this section, the community property shall not be used to discharge the liability of the offending spouse for restitution to the injured spouse, required by Section 1203.04, as operative on or before August 2, 1995, or Section 1202.4, or to a shelter for costs with regard to the injured spouse and dependents, required by this section, until all separate property of the offending spouse is exhausted.
(3)Upon conviction of a violation of this subdivision, if probation is granted or the execution or imposition of the sentence is suspended and the person has been previously convicted of a violation of this subdivision and sentenced under paragraph (1), the person shall be imprisoned for not less than 48 hours in addition to the conditions in paragraph (1). However, the court, upon a showing of good cause, may elect not to impose the mandatory minimum imprisonment as required by this subdivision and may, under these circumstances, grant probation or order the suspension of the execution or imposition of the sentence.
(4)The Legislature finds and declares that these specified crimes merit special consideration when imposing a sentence so as to display societys condemnation for these crimes of violence upon victims with whom a close relationship has been formed.
(5)If a peace officer makes an arrest for a violation of paragraph (1) of subdivision (e) of this section, the peace officer is not required to inform the victim of his or her right to make a citizens arrest pursuant to subdivision (b) of Section 836.
(f)As used in this section:
(1)Peace officer means any person defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.
(2)Emergency medical technician means a person who is either an EMT-I, EMT-II, or EMT-P (paramedic), and possesses a valid certificate or license in accordance with the standards of Division 2.5 (commencing with Section 1797) of the Health and Safety Code.
(3)Nurse means a person who meets the standards of Division 2.5 (commencing with Section 1797) of the Health and Safety Code or a nurse of a hospital engaged in providing services within the emergency department.
(4)Serious bodily injury means a serious impairment of physical condition, including, but not limited to, the following: loss of consciousness; concussion; bone fracture; protracted loss or impairment of function of any bodily member or organ; a wound requiring extensive suturing; and serious disfigurement.
(5)Injury means any physical injury which requires professional medical treatment.
(6)Custodial officer means any person who has the responsibilities and duties described in Section 831 and who is employed by a law enforcement agency of any city or county or who performs those duties as a volunteer.
(7)Lifeguard means a person defined in paragraph (5) of subdivision (d) of Section 241.
(8)Traffic officer means any person employed by a city, county, or city and county to monitor and enforce state laws and local ordinances relating to parking and the operation of vehicles.
(9)Animal control officer means any person employed by a city, county, or city and county for purposes of enforcing animal control laws or regulations.
(10)Dating relationship means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement independent of financial considerations.
(11)(A)Code enforcement officer means any person who is not described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 and who is employed by any governmental subdivision, public or quasi-public corporation, public agency, public service corporation, any town, city, county, or municipal corporation, whether incorporated or chartered, who has enforcement authority for health, safety, and welfare requirements, and whose duties include enforcement of any statute, rules, regulations, or standards, and who is authorized to issue citations, or file formal complaints.
(B)Code enforcement officer also includes any person who is employed by the Department of Housing and Community Development who has enforcement authority for health, safety, and welfare requirements pursuant to the Employee Housing Act (Part 1 (commencing with Section 17000) of Division 13 of the Health and Safety Code); the State Housing Law (Part 1.5 (commencing with Section 17910) of Division 13 of the Health and Safety Code); the Manufactured Housing Act of 1980 (Part 2 (commencing with Section 18000) of Division 13 of the Health and Safety Code); the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code); and the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the Health and Safety Code).
(12)Custody assistant means any person who has the responsibilities and duties described in Section 831.7 and who is employed by a law enforcement agency of any city, county, or city and county.
(13)Search and rescue member means any person who is part of an organized search and rescue team managed by a government agency.
(14)Security officer means any person who has the responsibilities and duties described in Section 831.4 and who is employed by a law enforcement agency of any city, county, or city and county.
(15)Health care worker means 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 hospitals emergency department or the security thereof.
(g)It is the intent of the Legislature by amendments to this section at the 198182 and 198384 Regular Sessions to abrogate the holdings in cases such as People v. Corey, 21 Cal. 3d Cal.3d 738, and Cervantez v. J.C. Penney Co., 24 Cal. 3d Cal.3d 579, and to reinstate prior judicial interpretations of this section as they relate to criminal sanctions for battery on peace officers who are employed, on a part-time or casual basis, while wearing a police uniform as private security guards or patrolmen and to allow the exercise of peace officer powers concurrently with that employment.
SEC. 4.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
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Date
|
Status
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|---|---|
| Aug 27, 2015 | From committee: Do pass. (Ayes 7. Noes 0.) (August 27). |
| Jan 15, 2016 | Consideration of Governor's veto stricken from file. |
| Oct 10, 2015 | Vetoed by Governor. |
| Sep 17, 2015 | Enrolled and presented to the Governor at 11:30 a.m. |
| Sep 9, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0.). |
| Sep 9, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0. Page 3010.). |
| Sep 9, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Sep 9, 2015 | Assembly Rule 77 suspended. (Page 2990.) |
| Sep 9, 2015 | Assembly Rule 77 suspended. |
| Sep 8, 2015 | Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 2584.). |
| Sep 8, 2015 | Read third time. Passed. Ordered to the Assembly. |
| Sep 8, 2015 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 10 pursuant to Assembly Rule 77. |
| Sep 2, 2015 | Read second time. Ordered to third reading. |
| Sep 1, 2015 | Read third time and amended. Ordered to second reading. |
| Aug 31, 2015 | Read second time. Ordered to third reading. |
| Jan 22, 2015 | Read first time. To print. |
| Aug 17, 2015 | In committee: Referred to APPR. suspense file. |
| Jul 7, 2015 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (July 7). Re-referred to Com. on APPR. |
| Jun 11, 2015 | Referred to Com. on PUB. S. |
| Jun 2, 2015 | Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0. Page 1795.) |
| Jun 2, 2015 | Read third time. Passed. Ordered to the Senate. |
| Jun 2, 2015 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Jun 1, 2015 | Read second time. Ordered to third reading. |
| May 28, 2015 | Read second time and amended. Ordered returned to second reading. |
| May 28, 2015 | From committee: Amend, and do pass as amended. (Ayes 17. Noes 0.) (May 28). |
| Mar 25, 2015 | In committee: Set, first hearing. Referred to suspense file. |
| Mar 17, 2015 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (March 17). Re-referred to Com. on APPR. |
| Feb 2, 2015 | Referred to Com. on PUB. S. |
| Jan 23, 2015 | From printer. May be heard in committee February 22. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 9, 2015 | AB 172 RODRIGUEZ Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Sep 8, 2015 | Assembly 3rd Reading AB172 Rodriguez By Mendoza | Senate Floor |
Passed |
|
| Aug 27, 2015 | Do pass | Senate Standing Committee on Appropriations |
Passed |
|
| Aug 17, 2015 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jul 7, 2015 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Public Safety |
Passed |
|
| Jun 2, 2015 | AB 172 RODRIGUEZ Assembly Third Reading | Assembly Floor |
Passed |
|
| May 28, 2015 | Do pass as amended. | Assembly Standing Committee on Appropriations |
Passed |
|
| Mar 17, 2015 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Public Safety |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| California Chapter of the American College of Emergency Physicians | ** Support | Sep 8, 2015 |
| California College And University Police Chiefs Association | ** Support | Sep 8, 2015 |
| California Correctional Supervisors Organization, Inc. | ** Support | Mar 17, 2015 |
| California District Attorneys Association | ** Support | Sep 8, 2015 |
| California Hospital Association | ** Support | Sep 8, 2015 |
| California Medical Association, Inc. | ** Support | Sep 8, 2015 |
| California Public Defenders Association | ** Against | Mar 17, 2015 |
| California State Sheriffs' Association | ** Support | Sep 8, 2015 |
| County of San Bernardino | ** Support | Sep 8, 2015 |
| Dignity Health | ** Support | Sep 8, 2015 |
| Emergency Nurses Association California Chapter | ** Support | Sep 8, 2015 |
| Emergency Nursing Association for California | * Support | Jul 7, 2015 |
| Legal Services for Prisoners with Children | ** Against | Sep 8, 2015 |
| Los Angeles County Board of Supervisors | ** Support | Sep 8, 2015 |
| Organization Of Smud Employees | ** Support | Sep 8, 2015 |
| PUB. S. | ** Against | Mar 17, 2015 |
| San Bernardino County | * Support | Jul 7, 2015 |
| San Bernardino Public Employees Association | ** Support | Sep 8, 2015 |
GOVERNOR'S VETO
AB 172
(Rodriguez)
As Enrolled September 11, 2015
2/3 vote
ASSEMBLY: |
78-0 |
(June 2, 2015) |
SENATE: |
40-0 |
(September 8, 2015) |
ASSEMBLY: |
78-0 |
(September 9, 2015) |
|
|
|
Original Committee Reference: PUB. S.
SUMMARY:
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, 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:
Defines "assault" as an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.
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.
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 not exceeding $2,000, by imprisonment in the county jail not exceeding one year, or by both fine and imprisonment.
Defines "battery" as any willful and unlawful use of force or violence upon the person of another.
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.
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.
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.
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:
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.
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.
Provided 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.
Defined "nurse" as a licensed nurse of a hospital providing services within the emergency department.
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:
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% of applicable convictions) remains unchanged.
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."
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
AB 172
Page 3
CONCURRENCE IN SENATE AMENDMENTS
AB 172
(Rodriguez)
As Amended September 1, 2015
Majority vote
ASSEMBLY: |
78-0 |
(June 2, 2015) |
SENATE: |
40-0 |
(September 8, 2015) |
Original Committee Reference: PUB. S.
SUMMARY:
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, 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) of the current legislative session, to avoid chaptering out issues.
EXISTING LAW:
Defines "assault" as an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.
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.
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 not exceeding $2,000, by imprisonment in the county jail not exceeding one year, or by both fine and imprisonment.
Defines "battery" as any willful and unlawful use of force or violence upon the person of another.
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.
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.
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.
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:
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.
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.
Provided 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.
Defined "nurse" as a licensed nurse of a hospital providing services within the emergency department.
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:
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% of applicable convictions) remains unchanged.
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."
Analysis Prepared by: Gregory Pagan / PUB. S. / (916) 319-3744 FN: 0002007
AB 172
Page 7
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: AB 172
Amended: 9/1/15 in Senate
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).
Existing law:
Defines “assault” as an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another. (Penal Code § 240.)
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).)
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).)
Defines a battery is any willful and unlawful use of force or violence upon the person of another. (Penal Code § 242.)
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).)
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 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).)
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:
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.
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 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.
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.
Defines “nurse” as a licensed nurse of a hospital providing services within the emergency department.
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.
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 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.: Yes Local: 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 facility emergency departments.
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: (Verified 8/28/15)
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 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. /
9/2/15 17:38:25
**** END ****
AB 172
Page 6
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Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: AB 172
Amended: 5/28/15 in Assembly
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.
Existing law:
Defines “assault” as an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another. (Penal Code § 240.)
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).)
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).)
Defines a battery is any willful and unlawful use of force or violence upon the person of another. (Penal Code § 242.)
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).)
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 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).)
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:
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.
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 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.
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.
Defines “nurse” as a licensed nurse of a hospital providing services within the emergency department.
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.
Comments
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 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.: Yes Local: 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 facility emergency departments.
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: (Verified 8/28/15)
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 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. /
8/31/15 12:47:40
**** END ****
AB 172 (Rodriguez) Page 3 of 3
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 172 (Rodriguez) - Emergency departments: assaults and batteries
|
|
Version: May 28, 2015 |
Policy Vote: PUB. S. 6 - 0 |
Urgency: No |
Mandate: Yes |
Hearing Date: August 17, 2015 |
Consultant: Jolie Onodera |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
AB 172 would increase the penalties for assault and battery committed against a physician, nurse, or other health care worker of a hospital engaged in providing services within an emergency department, as specified. This bill would also authorize a health facility to post a specified notice in its emergency department.
Fiscal Impact:
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 facility emergency departments.
*Proposition 30 (2012) provides that legislation enacted after September 30, 2012, that has an overall effect of increasing the costs already borne by a local agency, as specified, apply to local agencies only to the extent the State provides annual funding for the cost increase. Although legislation creating a new crime or revising the definition of an existing crime is exempt from Proposition 30 state funding requirements, legislation that changes the penalty for an existing crime is not similarly specifically exempt. Assault and battery are existing crimes, irrespective of against whom the offense is committed. To the extent the provisions of this measure are determined to change the penalty for these crimes, any increase in costs to local agencies attributable to the provisions of this legislation could potentially require annual funding from the State.
Background:
Existing law defines assault as an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another. Assault is punishable by a fine not exceeding $1,000, by imprisonment in county jail not exceeding six months, or by both the fine and imprisonment. (Penal Code (PC) § 241(a).)
Existing law defines battery as any willful and unlawful use of force or violence upon the person of another. Battery is punishable by a fine not exceeding $2,000, by imprisonment in county jail not exceeding six months, or by both the fine and imprisonment. (PC § 243(a).)
Under existing law, when an assault or battery is committed against specified persons, including but not limited to a peace officer, firefighter, emergency medical technician, code enforcement officer, animal control officer, 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 such a person, the assault or battery is punishable by a fine of up to $2,000, by imprisonment in county jail for up to one year, or by both the fine and imprisonment. (PC §§ 241(c), 243(b).)
Under existing law, when a battery is committed against 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 physician or nurse engaged in rendering emergency medical care and an injury is inflicted on that victim, the battery is an alternate felony/misdemeanor, punishable by a fine of up to $2,000, by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, or by imprisonment in county jail (or state prison if a prior serious or violent felony conviction exists) for 16 months, two years, or three years. (PC § 243(c)(1).)
Proposed Law:
This bill increases the penalties for assault and battery against a physician, nurse, or other health care worker of a hospital engaged in performing services within an emergency department to mirror the penalties for the misdemeanor offenses of assault and battery against a physician or nurse engaged in rendering emergency medical care outside of a hospital, clinic, or other health facility, as follows:
Provides that an assault or battery committed against a physician, nurse, or other health care worker of a hospital engaged in providing services within an emergency department, and the person committing the offense knows or reasonably should know that the victim is such a person, is punishable by a fine of up to $2,000, or by imprisonment in county jail up to one year, or by both the fine and imprisonment.
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.”
Prior Legislation:
SB 390 (LaMalfa) Chapter 249/2011 includes search and rescue personnel in existing misdemeanor assault and battery crimes applicable where the victim is a firefighter, peace officer, emergency medical technician or other similarly-situated professional, as specified.
SB 406 (Lieu) Chapter 250/2011 includes custody assistants and security officers, as defined, in a special misdemeanor battery section under which defendants who commit a simple battery against specified public officials and private professionals are punished by a jail term of up to one year and an enhanced fine of up to $2,000.
Staff Comments:
By increasing the penalty for the misdemeanor offenses of assault and battery committed against physicians, nurses, and health care workers of a hospital engaged in providing services in an emergency department, this bill could result in additional costs to local jails for new and/or lengthier jail terms.
Staff notes that assault and battery are crimes under existing law, irrespective of against whom the offenses are committed. Pursuant to Proposition 30 (2012), legislation enacted after September 30, 2012, that has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation, including public safety services such as managing local jails and providing housing to juvenile and adult offenders, apply to local agencies only to the extent that the State provides annual funding for the cost increase. Although Proposition 30 specifies that legislation defining a new crime or changing the definition of an existing crime is not subject to this provision, changing the penalty for a crime is not specifically exempted and could potentially require a subvention of funds from the State. To the extent the provisions of this measure are determined to change the penalty for the existing crimes of assault and battery, any increase in costs to local agencies attributable to provisions of this legislation could potentially require annual funding from the State.
Based on an average daily jail rate of $100, to the extent even three to six convictions for misdemeanor assault or battery are impacted under the provisions of this bill each year statewide, local jails could incur additional costs in excess of $50,000 assuming extended jail terms ranging from three to six months. While convictions for assault would potentially result in additional revenue from a higher fine to partially offset the costs of lengthier jail terms, the applicable fine for battery convictions (which represent nearly 97 percent of applicable convictions for assault and battery) remains unchanged.
This bill authorizes licensed health facilities that maintain and operate an emergency department to post a notice in a conspicuous place in the emergency department stating that assault and battery against staff members are crimes and may result in a criminal conviction. This provision is permissive and will likely result in negligible one-time non-reimbursable costs to facilities that elect to post such a notice.
-- END --
AB 172 (Rodriguez ) Page 5 of 5
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Loni Hancock, Chair
2015 - 2016 Regular
Bill No: AB 172 Hearing Date: July 7, 2015
Author: |
Rodriguez |
||
Version: |
May 28, 2015 |
||
Urgency: |
No |
Fiscal: |
Yes |
Consultant: |
JRD |
||
Subject: Emergency Departments: Assaults and Batteries
HISTORY
Source: Emergency Nurses Association California Chapter
Prior Legislation: SB 390 (La Malfa) – Chapter 249, Statutes of 2011
SB 406 (Lieu) – Chapter 250, Statutes of 2011
SB 409 (Lowenthal) – Chapter 410, Statutes of 2009
AB 1686 (Leno) – Chapter 243, Statutes of 2007
Support: The Association of California Healthcare Districts; California College and University Police Chiefs Association; California District Attorneys Association; California Hospital 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: Legal Services for Prisoners with Children
Assembly Floor Vote: 78 - 0
PURPOSE
The purpose of this legislation it to increase 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.
Existing
law defines “assault”
as an unlawful attempt, coupled with a present ability, to commit a
violent injury on the person of another. (Penal Code § 240.)
Existing
law 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).)
Existing
law 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).)
Existing law defines a battery is any willful and unlawful use of force or violence upon the person of another. (Penal Code § 242.)
Existing law 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).)
Existing law 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 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).)
Existing
law 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 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.
This bill 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 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.
This bill 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.
This bill defines “nurse” as a licensed nurse of a hospital providing services within the emergency department.
This bill 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.
RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION
For the past eight years, this Committee has scrutinized legislation referred to its jurisdiction for any potential impact on prison overcrowding. Mindful of the United States Supreme Court ruling and federal court orders relating to the state’s ability to provide a constitutional level of health care to its inmate population and the related issue of prison overcrowding, this Committee has applied its “ROCA” policy as a content-neutral, provisional measure necessary to ensure that the Legislature does not erode progress in reducing prison overcrowding.
On February 10, 2014, the federal court ordered California to reduce its in-state adult institution population to 137.5% of design capacity by February 28, 2016, as follows:
143% of design bed capacity by June 30, 2014;
141.5% of design bed capacity by February 28, 2015; and,
137.5% of design bed capacity by February 28, 2016.
In February of this year the administration reported that as “of February 11, 2015, 112,993 inmates were housed in the State’s 34 adult institutions, which amounts to 136.6% of design bed capacity, and 8,828 inmates were housed in out-of-state facilities. This current population is now below the court-ordered reduction to 137.5% of design bed capacity.” ( Defendants’ February 2015 Status Report In Response To February 10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman v. Brown, Plata v. Brown (fn. omitted).
While significant gains have been made in reducing the prison population, the state now must stabilize these advances and demonstrate to the federal court that California has in place the “durable solution” to prison overcrowding “consistently demanded” by the court. (Opinion Re: Order Granting in Part and Denying in Part Defendants’ Request For Extension of December 31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court, Coleman v. Brown, Plata v. Brown (2-10-14). The Committee’s consideration of bills that may impact the prison population therefore will be informed by the following questions:
Whether a proposal erodes a measure which has contributed to reducing the prison population;
Whether a proposal addresses a major area of public safety or criminal activity for which there is no other reasonable, appropriate remedy;
Whether a proposal addresses a crime which is directly dangerous to the physical safety of others for which there is no other reasonably appropriate sanction;
Whether a proposal corrects a constitutional problem or legislative drafting error; and
Whether a proposal proposes penalties which are proportionate, and cannot be achieved through any other reasonably appropriate remedy.
COMMENTS
1. Need for This Legislation
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.
2. Effect of Legislation
This legislation would increase the penalty for assault and battery on healthcare providers, who are providing emergency medical services in a health care facility. According the California Hospital Association, who is in support of the legislation:
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 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.
Legal Services for Prisoners with Children, opposes the legislation, stating:
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.
-- END –
AB 172
Page 3
ASSEMBLY THIRD READING
AB 172
(Rodriguez)
As Amended May 28, 2015
Majority vote
Committee |
Votes |
Ayes |
Noes |
Public Safety |
6-0 |
Quirk, Melendez, Gonzalez, Lackey, Low, Santiago |
|
Appropriations |
17-0 |
Gomez, Bigelow, Bonta, Calderon, Chang, Daly, Eggman, Gallagher, Eduardo Garcia, Gordon, Holden, Jones, Quirk, Rendon, Wagner, Weber, Wood |
|
SUMMARY:
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, 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. Specifically, this bill:
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.
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 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.
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.
Defines "nurse" as a licensed nurse of a hospital providing services within the emergency department.
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.
EXISTING LAW:
Defines "assault" as an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.
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.
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 not exceeding $2,000, by imprisonment in the county jail not exceeding one year, or by both fine and imprisonment.
Defines "battery" as any willful and unlawful use of force or violence upon the person of another.
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.
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.
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.
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.
FISCAL EFFECT:
According to the Assembly Appropriations Committee:
Likely 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:
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."
Analysis Prepared by: Gregory Pagan and Stella Choe / PUB. S. / (916) 319-3744 FN: 0000730
AB 172
Page 2
Date of Hearing: March 25, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB 172
(Rodriguez) – As Introduced January 22, 2015
Policy Committee: |
Public Safety |
Vote: |
6 - 0 |
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Urgency: No State Mandated Local Program: Yes Reimbursable: 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 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:
Purpose: According to the author, "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 existing punishment for an assault or battery committed outside a hospital, clinic, or other health care facility"
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.
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."
Prior legislation:
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.
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.
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
AB 172
Page 4
Date of Hearing: March 17, 2015
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Bill Quirk, Chair
AB 172
(Rodriguez) – As Introduced January 22, 2015
SUMMARY:
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, 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. Specifically, this bill:
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.
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 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.
Provides 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 and an injury is inflicted on that victim 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, or by 16 months, two, or three years in a county jail.
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 felony conviction. All staff have the right to carry out their work without fearing for their safety.
Defines "nurse" as a licensed nurse of a hospital providing services within the emergency department.
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.
EXISTING LAW:
Defines "assault" as an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another. (Pen. Code, § 240.)
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. (Pen. Code, § 241, subd. (a).)
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 not exceeding $2,000, by imprisonment in the county jail not exceeding one year, or by both fine and imprisonment. (Pen. Code § 241, subd. (c).)
Defines "battery" as any willful and unlawful use of force or violence upon the person of another. (Pen. Code, § 242.)
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. (Pen. Code, § 243, subd. (a).)
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. (Pen. Code, § 243, subds. (b) & (c).)
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. (Pen. Code, § 243, subd. (d).)
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. (Pen. Code, § 243, subd. (c)(2).)
FISCAL EFFECT:
Unknown
COMMENTS:
Author's Statement: 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."
Argument in Support: According to 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 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."
Argument 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."
Prior Legislation:
SB 390 (La Malfa), Chapter 249, Statutes of 2011, increased the penalties for assault and battery against the person of a search and rescue member engaged in the performance of his or her duty.
SB 406 (Lieu), Chapter 250, Statutes of 2011, increased the penalties for assault and battery against the person of a security officer or custodial assistant engaged in the performance of his or her duty.
SB 409 (Lowenthal), Chapter 410, Statutes of 2009, increased the penalties for assault and battery against the person of a highway worker engaged in the performance of his or her duty.
AB 1686 (Leno), Chapter 243, Statutes of 2007, increased the fine from $1,000 to $2,000 when an assault is committed against a parking control officer in the performance of his or her duty.
REGISTERED SUPPORT / OPPOSITION:
Support
California Correctional Supervisors Organization
California
Hospital Association
California State Sheriffs'
Association
Emergency Nurses Association
Los Angeles County
Board of Supervisors
Opposition
California Public Defenders Association
Legal Services for
Prisoners with Children
Analysis Prepared by:
Gregory Pagan/PUB. S./(916) 319-3744
Discussed in Hearing
43SEC
Assembly Floor
2MIN
Senate Floor
1MIN
Senate Standing Committee on Appropriations
11MIN
Senate Standing Committee on Public Safety
52SEC
Assembly Floor
10MIN
Assembly Standing Committee on Public Safety
Bill Author
Bill Co-Author(s):