SENATE COMMITTEE ON PUBLIC SAFETY

Senator Nancy Skinner, Chair

2019 - 2020 Regular

Bill No: AB 329 Hearing Date: June 25, 2019

Subject: Hospitals: Assaults and Batteries

HISTORY

Source: California State Council, Emergency Nurses Association

Prior Legislation: SB 513 (Bradford), vetoed, 2017

AB 172 (Rodriguez), vetoed, 2015

AB 1959 (Rodriguez), held on suspense in Assembly Approps.

SB 390 (LaMalfa), Ch. 249, Stats. 2011

SB 406 (Lieu), Ch. 250, Stats. 2011

SB 409 (Lowenthal), Ch. 410, Stats. 2009

AB 1686 (Leno), Ch. 243, Stats. 2007

AB 653 (Horton), Ch. 484, Stats. 2001

SB 587 (Hughes), Ch. 252, Stats. 1993

Ch. 678, Stats. 1981

Support: Alliance of Catholic Health Care; American College of Obstetricians and Gynecologists; California Chapter of the American College of Emergency Physicians; California Hospital Association; California Emergency Nurses Association; California Orthopedic Association; California Special Districts Association; California State Sheriff’ Association; Hollywood Presbyterian Medical Center; Los Angeles County Board of Supervisors; Rady Children’s Hospital – San Diego; Scripps Health; Washington Hospital Healthcare System

Opposition: American Civil Liberties Union of California; California Attorneys for Criminal Justice; California Public Defenders Association

Assembly Floor Vote: 72 - 0

PURPOSE

The purpose of this bill is to increase the maximum term of imprisonment and fines for a person convicted of committing assault while on hospital property.

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.)

Existing law states that simple assault is punishable by a fine not exceeding $1,000.00, or by the imprisonment in the county jail not exceeding six months, or by both the fine and imprisonment. (Pen. Code, § 241, subd. (a).)

Existing law increases the maximum punishment for assault to a fine not exceeding $2,000, or by the imprisonment in the county jail not exceeding six months, or by the both the fine and imprisonment, if an assault is committed against a peace officer, firefighter, emergency medical technician, mobile intensive care paramedic, lifeguard, process sever, 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, and the person committing assault knows or reasonably should know that the victim is a member of any of the aforementioned professions. (Pen. Code, § 241, subd. (c).)

Existing law punishes assault by any means of force likely to produce great bodily injury by imprisonment in the state prison for two, three or four years, or in a county jail for not less than 6 months and not exceeding one year, or by both imprisonment and a fine not exceeding $10,000. (Pen. Code, § 245, subd. (a)(4).)

Existing law defines “battery” as any unlawful use of force or violence upon the person of another. (Pen. Code, § 242.)

Existing law states that simple battery is punishable by a fine of up to $2,000, or by imprisonment in county jail not exceeding 6 months, or by both a fine and imprisonment. (Pen. Code, § 243, subd. (a).)

Existing law increases the maximum punishment for battery to a fine not exceeding $2,000 or imprisonment in the county jail not exceeding one year, or both the fine and imprisonment if the battery is committed against the following: a peace officer; custodial officer; firefighter; emergency medical technician; lifeguard; security officer; custody assistant; process server; traffic officer; code enforcement officer; animal control officers; 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 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. (Pen. Code, § 243, subd. (b).)

Existing law increases the maximum punishment for battery to an alternate felony-misdemeanor punishable by a fine not exceeding $2,000, by imprisonment in a county jail not exceeding one year, or by both the fine and imprisonment, or by imprisonment for two, three, or four years when committed against the categories of persons listed above, except peace officers engaged in the performance of their duties which is specified in a separate subdivision, and injury is inflicted on that victim. (Pen. Code, § 243, subd. (c).)

Existing law states that if battery is committed against a person and serious bodily injury is inflicted on the person, the battery is an alternate felony-misdemeanor punishable by imprisonment in a county jail not exceeding one year or imprisonment for two, three, or four years. (Penal Code §243, subd. (d).)

Existing law punishes battery when committed on school property, park property, or the grounds of a public or private hospital by a fine not exceeding $2,000, or by imprisonment in the county jail not exceeding one year, or by both the fine and imprisonment. (Pen. Code, § 243.2.)

Existing law punishes assault committed on school or park property by a fine not exceeding two $2,000, or by imprisonment in the county jail not exceeding one year, or by both that fine and imprisonment. (Pen. Code, § 241.2.)

This bill specifies that when an assault is committed against any person on the property of a public or private hospital, the assault is punishable by a fine not exceeding $2,000, or by imprisonment in the county jail not exceeding one year, or by both that fine and imprisonment.

This bill defines “hospital” as a facility for the diagnosis, care, and treatment of human illness that is subject to, or specifically exempted from, specified licensure requirements, consistent with the definition provided in Penal Code section 243.2.

This bill allows a health facility, as specified, to post a notice in a conspicuous place in any area of the facility stating substantially the following: “WE WILL NOT TOLERATE any form of threatening or aggressive behavior toward our staff, patients, or visitors. Assaults and batteries against our staff, patients, or visitors 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 states numerous legislative findings and declarations related to incidents of violence at hospitals.

COMMENTS

1. Need for This Bill

According to the author of this bill:

This bill would address inconsistencies in penalties for assaults versus battery committed against all healthcare workers on hospital property. Under current law, battery committed on park, school or hospital property is punishable by a fine of up to $2,000, or one year in county jail, or both. Assault on park and school property has the same punishment, however, if assault is committed on hospital property, the fine reduces to $1,000 and the jail time reduces to 6 months. This bill will allow those penalties to be equalized.

In 2017, The California Occupational Safety and Health Administration (Cal/OSHA) received a total of 2,177 incident reports during the span of 3 months. This year, Cal/Osha released a full report on hospital violence where a total of 9,436 violent incidents were reported from October of 2017-September 2018. Disturbingly, incidents of workplace violence regularly go unreported in large part due to limited or no remedial action taken against the perpetrator. The discrepancy in penalties does not serve as a deterrent against violence and puts the health and safety of hospital staff at risk. As a result, many are choosing to abandon the health profession, further contributing to the existing shortage of healthcare providers.

1. Assault versus Battery

Assault is defined as “an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.” (Pen. Code, § 240.) Battery is defined as “any willful and unlawful use of force or violence upon the person of another.” (Pen. Code, § 242.) Assault is essentially attempted battery. (“Simple assault” is included in the offense of battery, and a conviction of the latter would subsume the assault. By definition one cannot commit battery without also committing a “simple” assault which is nothing more than an attempted battery. People v. Fuller (1975) 53 Cal. App. 3d 417.)

An example of assault would be if a person swung at another person without hitting them, whereas if the person did strike the other person, the conduct would become a battery.

1. Effect of this Legislation

Existing law generally punishes misdemeanor assault and battery by a fine of up to $1,000, imprisonment not exceeding 6 months, or by both the fine and imprisonment. (Pen. Code, §§ 241 and 243.) However, assaults and batteries that are committed under certain circumstances are subject to higher misdemeanor penalties, and in circumstances felony penalties. The higher misdemeanor penalties would apply when the assault or battery is committed against specified categories of persons which include nurses and physicians rendering emergency care outside of a hospital or emergency medical technicians. (Pen. Code, §§ 241, subd. (c); 243, subd. (c) and (d).) These offenses are still misdemeanors however the maximum fine is $2,000 and the maximum term of imprisonment is one year, as opposed to the standard misdemeanor penalty of up to a $1,000 fine and up to 6 months imprisonment.

Existing law also provides that battery, when committed on school property, park property, or the grounds of a public or private hospital may be punished by a maximum fine of $2,000 and the maximum term of imprisonment of one year. There is a similar statute that punishes assault committed on school or park property with the same enhanced penalties – up to a $2,000 fine and up to one year in jail – however that statute does not include assaults on hospital property.

This bill adds assaults committed on hospital property to the statute authorizing higher misdemeanor penalties for assaults committed on school or park property.

1. Report on Violent Incidents at Hospitals

Hospitals are required to submit reports to the Division of Occupational Safety and Health (Cal/OSHA) regarding any incident involving either of the following:

(A) The use of physical force against an employee by a patient or a person accompanying a patient that results in, or has a high likelihood of resulting in, injury, psychological trauma, or stress, regardless of whether the employee sustains an injury;

(B) An incident involving the use of a firearm or other dangerous weapon, regardless of whether the employee sustains an injury. (Cal. Code Regs., tit. 8, § 3342, subd. (g).)

Cal/OSHA issues an annual report on incidents of violence committed against hospital staff. (Labor Code, § 6401.8, subd. (c).)

According to Cal/OSHA’s report covering the period starting on October 1, 2017, through September 30, 2018, there were 9,042 incidents of violence reported by hospitals. Patients made up the largest percentage of aggressor types (93 percent), followed by a person accompanying the patient (3 percent). The most commonly reported types of assault were punching/slapping (34 percent) and kicking (21 percent). The vast majority of reports (approximately 92 percent) were for physical assault without the use of a weapon. Employee injuries occurred in 43 percent of all incidents, with the most common injury type being bruising or abrasion. The next highest specified types of injury were stress/psychological impairment (5 percent) and sprain/strain (5 percent). Potentially serious injuries, such as head injuries, dislocations and fractures, asphyxiation, and amputations, were reported with much less frequency (between 2 and 4 percent). 14 percent of the incidents occurred when the employee was alone, and 5 percent occurred when the employee was isolated. During incidents of violence, employees were most frequently assisted by nearby employees (59 percent of incidents) and internal security (50 percent of incidents). Hospitals reported that they called for assistance from local law enforcement via 911 in 9 percent of incidents. (Cal/OSHA, Workplace Violent Incidents at Hospitals (October 1, 2017 through September 30, 2018), pp. 2-5.) The aggressor was arrested by law enforcement in 4 percent of the reported incidents. (Id. at. p. 22.) (For the full report, see https://www.dir.ca.gov/dosh/Reports/Annual-Report-WPV-Incidents-2017-2018.pdf.)

According to Cal/OSHA’s data, it appears that law enforcement assistance was not requested in the majority of violent incidents that occurred at hospitals. Additionally, only 4% of all aggressors were arrested. Of that 4%, it is unclear from the data how many people were criminally charged or convicted of any crime. Existing laws specifically address assault and battery on physicians and nurses engaged in rendering emergency medical care outside of a hospital, clinic or other health care facility, and battery that occurs on hospital grounds.

Would creating a specific provision for assault committed on hospital property lead to more arrests or convictions?

1. Legislative Findings and Declarations

This bill contains various legislative findings and declarations related to violence in hospitals. While these statements are not codified into statute if the bill is signed into law, they provide a factual context for the bill. Several findings and declarations in the bill are inaccurate or misleading:

1. Higher penalties act as a deterrent from future assaultive behavior. Much of the empirical research on crimes and penalties show that that higher penalties have little to no deterrent effect on criminal behavior. ((National Research Council (2014) The Growth of Incarceration in the United States: Exploring Causes and Consequences Committee on Causes and Consequences of High Rates of Incarceration, J. Travis, B. Western, and S. Redburn, Editors. Committee on Law and Justice, Division of Behavioral and Social Sciences and Education. Washington, DC: The National Academies Press, pp. 132-133, <http://johnjay.jjay.cuny.edu/nrc/NAS_report_on_incarceration.pdf>.)
2. Under California law, if a serious injury is sustained or weapons are used, a battery may be prosecuted as a felony. This statement is misleading because it seems to indicate that these are the only circumstances that would authorize filing a battery as a felony. However, under Penal Code section 243, subdivision (c), a battery may be charged as a felony when any injury is inflicted, which is separate from subdivision (d) of the same section that authorizes a felony for serious bodily injury. Battery may also be charged as a felony in a variety of other scenarios (see below).
3. As of 2018, California is one of the few states that has not passed a felony law that pertains to violence inside a health care facility. This statement is misleading because California does have enhanced penalties, albeit not a felony, specifically for battery on hospital grounds which is the same penalty provided for battery that occurs on school or park property or on public transportation. (Pen. Code, §§ 243.2, 243.35.) None of the existing battery and assault statutes authorize felony penalties based on the location of an offense. Instead, felony penalties are authorized depending on the type of force used (Pen. Code, §§ 243.4, 244, 244.5, 245, 245.2, 245.3, 245.5); whether injury is inflicted (Pen. Code, §§ 243, subd. (c), (d), 245.6, subd. (d)); or the category of victim (Pen. Code, §§ 241.1, 241.7, 243, subd. (c), 243.1, 243.3, 243.4, 243.6, 243.7). Thus, if the battery or assault meets one of these other circumstances, the conduct could be charged as a felony, regardless of where the battery occurs.

Should these legislative findings and declarations be stricken from the bill?

1. Argument in Support

According to the Washington Hospital Healthcare System (WHHS):

The impact of these assaultive patients has created an environment where hospital staff fear for their safety when caring for patients in their most vulnerable moments. A survey done by the American Nurses Association of more than 10,000 nurses found that 25% of nurses had been assaulted by a patient or a patient’s family member.

WHHS has taken numerous measures to protect their staff and everyone in the hospital but additional help is needed to ensure when patients do assault individuals in the hospital they are held accountable and the penalties act as a deterrent from future assaultive behavior.

AB 329 would increase penalties when law enforcement prosecutes these patient incidents which we believe will help deter future incidents. The increase in penalties will also assist our staff giving them additional tools to persuade combative patients from escalating situations that may lead to an assault or battery.

1. Argument in Opposition

According to California Public Defenders Association (CPDA):

CPDA recognizes the problem of workplace violence, and the specific challenges it poses to healthcare facilities and workers. However, we oppose this bill because it increases jail time and fines for offenses that are largely committed by individuals in crisis. The World Health Organization and countless other organizations have recognized that almost all violence in hospitals occurs between staff and patients or their families. These individuals are frequently desperate, scared, and in need. That is not to say that such behavior should be excused, only that increased incarceration and fines for these individuals is not in the public interest, nor likely to be an effective deterrent to such behavior. Existing law covers the situations that the proposed law purports to address. While simple assault or battery is currently a misdemeanor, there is a broad spectrum of assaultive conduct that can, and usually is, charged as felonies. This bill itself notes the failure to prosecute such crimes (noting it can be as low as 3 percent). Increasing the penalties for these crimes because of the frustration with prosecutors’ low filing rates is counterproductive, and will likely lead to unfair outcomes when some individuals are not prosecuted at all, but others are prosecuted with increasing sentences.

Doctors, nurses, and other hospital health care workers have a right to do their jobs without being harmed. The current laws, and sentencing structure, accomplish that goal. The studies and statistics show that the tools at hand are not being used effectively. A larger hammer is not the answer to ever problem. We need to use tools at hand, not get bigger ones.

-- END –

ASSEMBLY THIRD READING

ATR Bill Id:AB 329

Author:(Rodriguez)

As Amended Ver:April 8, 2019

Majority vote

SUMMARY:

Makes an assault on the property of a hospital 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.

Major Provisions

1. Specifies that when an assault is committed on the property of a public or private hospital, against any person, the assault is punishable by a fine not exceeding $2,000, or by imprisonment in the county jail not exceeding one year, or by both that fine and imprisonment.
2. Defines "Hospital" as a facility for the diagnosis, care, and treatment of human illness that is subject to, or specifically exempted from, specified licensure requirements.
3. Allows a health facility, as specified, to post a notice in a conspicuous place in any area of the facility stating substantially the following:

"WE WILL NOT TOLERATE any form of threatening or aggressive behavior toward our staff, patients, or visitors. Assaults and batteries against our staff, patients, or visitors are crimes and may result in a criminal conviction. All staff have the right to carry out their work without fearing for their safety."

COMMENTS:

According to the Author:

According to the author, "Nurses are on the front lines of patient care and, as a result, report the highest rate of workplace assaults. However, the problem is not limited to nurses. Physicians, pharmacists, nurse practitioners, physician assistants, nurses' aides, therapists, technicians, home healthcare workers, social/welfare workers, and emergency medical care personnel are all at risk of violence by patients or visitors. No one is immune to the risk."

Arguments in Support:

According to the California Hospital Association, "Creating a safe environment for hospital patients, employees, and visitors is incredibly important to hospitals across the state. Delivering high-quality patient care is vital, and California's health care providers deserve a safe, healthy setting in which to perform this important work. The California Hospital Association (CHA) and our more than 400 hospital and health system members are pleased to support Assembly Bill (AB) 329 (Rodriguez), which would help to further this goal.

"AB 329, as amended, would strengthen hospitals' efforts to address health care workplace violence by aligning current enhanced penalties for batteries that occur on hospital property with penalties for assaults that occur on hospital property. It also would clarify that hospitals may post notices about possible criminal penalties to deter violent conduct.

"California hospitals work tirelessly to ensure their facilities are safe, healing environments for all who enter their doors. They have adopted workplace violence prevention plans, conduct training, and undertake facility assessments. They have also taken steps to mitigate risk, such as adopting patient and visitor screening techniques, expanding use of alarms, and utilizing additional security staff. Unfortunately, the risk of violence remains. Hospitals welcome yet another tool to support their efforts to protect employees and patients."

Arguments in Opposition:

According to the California Attorneys for Criminal Justice (CACJ), "AB 329 would make the punishment for an assault committed on the property of a hospital equal to the punishment for assault in a school or park. Assault is already a criminal offense under the current penal code, and this bill simply doubles the existing punishment. CACJ does not believe that increasing penalties will help prevent hospital assaults. Extensive research has found that increasing criminal punishments for these types of offenses does not have the desired deterrent effect on crime. This bill may also have the unintended consequence of further criminalizing patients who may inadvertently harm hospital staff, like during psychotic episodes or withdrawal. While we respect the work of professionals in hospitals, we cannot support this increase in penalty."

FISCAL COMMENTS:

According to the Assembly Appropriations Committee:

1. Possible cost pressures in the hundreds of thousands of dollars annually (Trial Court Trust Fund/GF) for increased court costs, including possible trial costs given the bill creates a new misdemeanor for assault on hospital property, where existing law only punishes assault against specific medical personnel in the course of rendering emergency medical care. A defendant charged with a misdemeanor is entitled to no cost legal representation and a jury trial. If 15 new misdemeanors are filed annually statewide and proceed to trial resulting in the use of two days of court time, at an estimated cost of approximately $7,644 for an eight-hour court day, the approximate cost to the trial courts is $229,320.
2. Potential non-reimbursable costs (local funds/GF) to local law enforcement agencies to the extent the bill increases the number of inmates sentenced to jail for assault on hospital property. GF costs will depend on whether the duties imposed by this bill constitute a reimbursable state mandate as determined by the Commission on State Mandates.
3. Minor ongoing GF costs, in the thousands of dollars, for the Department of Justice related to fingerprinting of individuals arrested for assault on hospital property.

Please see the policy committee analysis for a full discussion of this bill.

VOTES:

ASM PUBLIC SAFETY: 7-0-1

YES: Jones-Sawyer, Lackey, Bauer-Kahan, Diep, Quirk, Santiago, Wicks

ABS, ABST OR NV: Kamlager-Dove

ASM APPROPRIATIONS: 18-0-0

YES: Gonzalez, Bigelow, Bloom, Bonta, Brough, Calderon, Carrillo, Chau, Diep, Eggman, Fong, Gabriel, Eduardo Garcia, Maienschein, Obernolte, Petrie-Norris, Quirk, Robert Rivas

UPDATED:

VERSION: April 8, 2019

CONSULTANT: David Billingsley (Counsel) / PUB. S. / (916) 319-3744 FN: 0000628

Date of Hearing: May 1, 2019

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

ABPCA Bill Id:AB 329

Author:(Rodriguez) – As Amended Ver:April 8, 2019

Urgency: No State Mandated Local Program: Yes Reimbursable: Yes

SUMMARY:

This bill creates a new crime for assault on hospital property punishable by up to one year in the county jail, a fine of up to $2,000 or by both imprisonment and fine.

FISCAL EFFECT:

1. Possible cost pressures in the hundreds of thousands of dollars annually (Trial Court Trust Fund/GF) for increased court costs, including possible trial costs given the bill creates a new misdemeanor for assault on hospital property, where existing law only punishes assault against specific medical personnel in the course of rendering emergency medical care. A defendant charged with a misdemeanor is entitled to no cost legal representation and a jury trial. If 15 new misdemeanors are filed annually statewide and proceed to trial resulting in the use of two days of court time, at an estimated cost of approximately $7,644 for an eight-hour court day, the approximate cost to the trial courts is $229,320.
2. Potential non-reimbursable costs (local funds/GF) to local law enforcement agencies to the extent the bill increases the number of inmates sentenced to jail for assault on hospital property. GF costs will depend on whether the duties imposed by this bill constitute a reimbursable state mandate as determined by the Commission on State Mandates.
3. Minor ongoing GF costs, in the thousands of dollars, for the Department of Justice related to fingerprinting of individuals arrested for assault on hospital property.

COMMENTS:

1. Purpose. According to the author:

Nurses are on the front lines of patient care and, as a result, report the highest rate of workplace assaults. However, the problem is not limited to nurses. Physicians, pharmacists, nurse practitioners, physician assistants, nurses’ aides, therapists, technicians, home healthcare workers, social/welfare workers and emergency medical care personnel are all at risk of violence by patients or visitors. No one is immune to the risk.

1. Background. Under current law, assault or battery against a physician or a nurse engaged in rendering emergency medical care outside a hospital, clinic or other health care facility, when the person committing the offense knows or reasonably should know that the victim is member of one of the professions listed above and engaged in rendering emergency medical care, is a misdemeanor punishable by a fine not exceeding $2,000, or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment. Current law also provides elevated penalties for battery committed on the grounds of a hospital. A battery on hospital grounds is punishable by a fine not exceeding $2,000, or by imprisonment in the county jail not exceeding one year, or by both the fine and imprisonment. Current law does not have a similar elevated penalty for assault on hospital grounds. This bill would treat assault on hospital grounds consistently with the manner in which current law treats battery on hospital grounds.

Analysis Prepared by: Kimberly Horiuchi / APPR. / (916) 319-2081

Date of Hearing: April 23, 2019

Counsel: David Billingsley

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Reginald Byron Jones-Sawyer, Sr., Chair

ABPCA Bill Id:AB 329

Author:(Rodriguez) – As Amended Ver:April 8, 2019

SUMMARY:

Makes an assault, on the property of a hospital, 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. Specifically, this bill:

1. Specifies that when an assault is committed on the property of a public or private hospital, against any person, the assault is punishable by a fine not exceeding $2,000, or by imprisonment in the county jail not exceeding one year, or by both that fine and imprisonment.
   
2. Defines “Hospital” as a facility for the diagnosis, care, and treatment of human illness that is subject to, or specifically exempted from, specified licensure requirements.
   
3. Allows a health facility, as specified, to post a notice in a conspicuous place in any area of the facility stating substantially the following:
   

“WE WILL NOT TOLERATE any form of threatening or aggressive behavior toward our staff, patients, or visitors. Assaults and batteries against our staff, patients, or visitors are crimes and may result in a criminal conviction. All staff have the right to carry out their work without fearing for their safety.”

EXISTING LAW:

1. States that 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, and the person committing the offense knows or reasonably should know that the victim is member of one of the professions listed above and 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 two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding one year, or by both the fine and imprisonment. (Pen. Code, § 241, subd. (c).)
   
2. Specifies that when a battery is committed on school property, park property, or the grounds of a public or private hospital, the battery is punishable by a fine not exceeding $2,000, or by imprisonment in the county jail not exceeding one year, or by both the fine and imprisonment, except as otherwise provided. Pen. Code, § 243.2, subd. (a)(1).)
   
3. Defines “Hospital” as a facility for the diagnosis, care, and treatment of human illness that is subject to, or specifically exempted from, specified licensure requirements.
   
4. 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 member of one of the professions listed above engaged in the performance of his or her duties, as specified, the battery is punishable by a fine not exceeding $2,000, or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment. (Pen. Code, § 243, subd. (b).)
   
5. Specifies that when a battery causing injury 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 member of one of the professions listed above, engaged in their duties as specified, the battery is punishable as a misdemeanor, by a fine of not more than $2,000, by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, or as a realigned felony, by imprisonment for 16 months, or two or three years in the county jail. (Pen. Code, § 243, subd. (c)(1).)
   
6. When a battery causing injury is committed against a peace officer engaged in the performance of his or her duties, whether on or off duty, 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 as a misdemeanor by a fine of not more than $10,000, or by imprisonment in a county jail not exceeding one year or as a realigned felony by imprisonment in county jail for 16 months, or two or three years, or by both that fine ($10,000) and imprisonment. (Pen. Code, § 243, subd. (c)(2).)
7. States when battery committed upon any person and serious bodily injury is inflicted upon that person the offense is punishable by two, three, or four years in the state prison or by up to one year in the county jail. (Pen. Code, § 243, subd. (d).)
   
8. Defines "battery" as “the willful and unlawful use of force and violence upon another person”, punishable by up to six months in the county jail; by a fine not to exceed $2,000; or by both fine and imprisonment. (Pen. Code, §§ 242 and 243.)
   
9. Defines "assault" as an “unlawful attempt, coupled with a present ability, to inflict a violent injury upon the person of another”, and is punishable by a fine not exceeding $1,000; by imprisonment in the county jail not exceeding six months; or by both. (Pen. Code, §§ 240 and 241.)
   
10. Defines “injury” as “any physical injury which requires professional medical treatment.
    
11. Specifies that any person who commits an assault upon the person of another by any means of force likely to produce great bodily injury shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not exceeding one year, or by a fine not exceeding $10,000, or by both the fine and imprisonment. (Pen. Code, § 245, subd. (a)(4).)
    
12. States that any person who personally inflicts great bodily injury on any person other than an accomplice in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for three years. (Pen. Code, § 12022.7, subd. (a).)

FISCAL EFFECT:

Unknown

COMMENTS:

1. Author's Statement: According to the author, "Nurses are on the front lines of patient care and, as a result, report the highest rate of workplace assaults. However, the problem is not limited to nurses. Physicians, pharmacists, nurse practitioners, physician assistants, nurses’ aides, therapists, technicians, home healthcare workers, social/welfare workers, and emergency medical care personnel are all at risk of violence by patients or visitors. No one is immune to the risk.”
   
2. Current Law Provides Elevated Penalties for Batteries on Physicians or Nurses Engaged in Rendering Emergency Medical Care Outside a Hospital, Clinic, or Other Health Care Facility and Batteries on Hospital Grounds: Misdemeanor assault and battery are generally punishable by a jail sentence of up to six months, and a fine up to $1000. (Pen. Code, §§ 240, 241, 242, 243.)
   
   Under current law, an assault or battery against physician or nurse engaged in rendering emergency medical care outside a hospital, clinic, or other health care facility, when the person committing the offense knows or reasonably should know that the victim is member of one of the professions listed above and engaged in rendering emergency medical care, is a misdemeanor punishable by a fine not exceeding $2,000, or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment. (Pen. Code, §§ 241, subd. (c), 243, sub. (b).)
   

Current law also provides elevated penalties for battery committed on the grounds of a hospital. A battery on hospital grounds is punishable by a fine not exceeding $2,000, or by imprisonment in the county jail not exceeding one year, or by both the fine and imprisonment. (Pen. Code, § 243.2, subd. (a)(1).) Current law does not have a similar elevated penalty for assault on hospital grounds. This bill would treat assault on hospital grounds consistently with the manner in which current law treats battery on hospital grounds.

1. Steps Hospitals Are Taking to Reduce Violence in Emergency Rooms: Hospitals are increasingly taking steps to de-escalate potentially violent circumstances. An article from the San Diego Union Tribune, described some of the efforts hospitals are taking to reduce violence in emergency rooms.
   

The journalist spoke to Dr. Terry Kowalenko as part of the article. Dr. Kowalenko, a Michigan-based emergency physician who has researched ER violence, said that in order to “de-escalate” staff need to know what warning signs are likely to pop up before a patient takes a swing at his or her caregiver. Dr. Kowalenko indicated that having robust security available, and a quiet place for agitated patients to calm down, can all make a big difference in a hospital’s violence rate. “There is a big subset of people who become violent who didn’t come in violent, and often that’s a result of how they felt they were treated or not treated,” said Dr. Kowalenko.
(https://www.sandiegouniontribune.com/news/health/sd-no-er-violence20181002-story.html?utm_campaign=CHL%3A%20Daily%20Edition&utm_source=hs_email&utm_medium=email&utm_content=66397294&_hsenc=p2ANqtz--sntLhSCEA-pznt7hSu6CEG1-MIHHPpnzGzhrOz8VSxmGNmug07alj5KcFldvF74ocrN116zaez97PlhoQdI6xr2ovsh5uKPLnwT2bNxfLAkBVfg8&_hsmi=66397294)

Janie Kramer, chief operating officer of Sharp Memorial Hospital in San Diego, said the facility saw a sharp decrease in physical violence when it moved to 24-7 security and made a significant investment in security cameras. While verbal abuse is still too common, she said having a significant focus on security really has helped. “We do have security in rooms one-on-one with patients if they’re showing signs of violence, and we know that makes a big difference,” Kramer said. (Id.)

The American College of Emergency Physicians conducted a survey which asked emergency room doctors about the subject of assault in emergency departments. Half of the doctors surveyed indicated that the situation could be improved with increased use of security cameras, metal detectors, and increasing visitor screening. The survey was conducted between August 21 -27, or 2018. The survey contacted 3,539 emergency physicians.

1. Argument in Support: According to the California Hospital Association, “Creating a safe environment for hospital patients, employees, and visitors is incredibly important to hospitals across the state. Delivering high-quality patient care is vital, and California’s health care providers deserve a safe, healthy setting in which to perform this important work. The California Hospital Association (CHA) and our more than 400 hospital and health system members are pleased to support Assembly Bill (AB) 329 (Rodriguez), which would help to further this goal.
   
   “AB 329, as amended, would strengthen hospitals’ efforts to address health care workplace violence by aligning current enhanced penalties for batteries that occur on hospital property with penalties for assaults that occur on hospital property. It also would clarify that hospitals may post notices about possible criminal penalties to deter violent conduct.
   
   “California hospitals work tirelessly to ensure their facilities are safe, healing environments for all who enter their doors. They have adopted workplace violence prevention plans, conduct training, and undertake facility assessments. They have also taken steps to mitigate risk, such as adopting patient and visitor screening techniques, expanding use of alarms, and utilizing additional security staff. Unfortunately, the risk of violence remains. Hospitals welcome yet another tool to support their efforts to protect employees and patients.”
   
2. Argument in Opposition: According to the California Attorneys for Criminal Justice,
   “AB 329 would make the punishment for an assault committed on the property of a hospital equal to the punishment for assault in a school or park. Assault is already a criminal offense under the current penal code, and this bill simply doubles the existing punishment. CACJ does not believe that increasing penalties will help prevent hospital assaults. Extensive research has found that increasing criminal punishments for these types of offenses does not have the desired deterrent effect on crime. This bill may also have the unintended consequence of further criminalizing patients who may inadvertently harm hospital staff, like during psychotic episodes or withdrawal. While we respect the work of professionals in hospitals, we cannot support this increase in penalty.”
3. Related Legislation: AB 26 (Rodriguez), would require an emergency ambulance provider to provide each emergency ambulance employee, who drives or rides in the ambulance, with body armor and safety equipment to wear during the employee’s work shift. AB 26 is awaiting hearing in the Assembly Labor and Employment Committee.
   
4. Prior Legislation:
   
   1. AB 172 (Rodriguez) of the 2015-2016 Legislative Session, would have increased 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. AB 172 was vetoed by the Governor.
      
   2. AB 1959 (Rodriguez), of the 2015-2016 Legislative Session, would have increased the felony state prison punishment for assault upon the person of an emergency medical technician with a deadly weapon, firearm, semiautomatic firearm, .50 caliber sniper rifle, or machine gun. AB 1959 was held in on the Suspense File of the Assembly Appropriations Committee.
      
   3. AB 1680 (Rodriguez), Chapter 817, Statutes of 2016, made it a misdemeanor to use a drone to impede specified emergency personnel in the performance of their duties while coping with an emergency.
      
   4. 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.
   5. 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.
      

REGISTERED SUPPORT / OPPOSITION:

Support

Alliance of Catholic Health Care, Inc.
American Congress of Obstetricians & Gynecologists - District IX
Association of California Healthcare Districts, and Affiliated Entity Alpha Fund
California Chapter of the American College of Emergency Physicians
California Hospital Association
California Orthopedic Association
California Special Districts Association
California State Sheriffs' Association
Scripps Health

242 Private Individuals

Oppose

American Civil Liberties Union of California
California Advocates for Nursing Home Reform
California Attorneys for Criminal Justice
California Public Defenders Association

Analysis Prepared by:

David Billingsley / PUB. S. / (916) 319-3744

Date of Hearing: March 12, 2019

Counsel: David Billingsley

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Reginald Byron Jones-Sawyer, Sr., Chair

ABPCA Bill Id:AB 329

Author:(Rodriguez) – As Amended Ver:March 6, 2019

SUMMARY:

Makes an assault or battery committed against a physician, nurse, or other healthcare 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. Specifically, this bill:

1. Makes an assault or battery committed against a physician, nurse, or other healthcare worker of a hospital engaged in providing services within the emergency department, when the person committing the offense knows or reasonably should know that the victim a physician, nurse, or other healthcare 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
   
2. Defines “Nurse” as “a person who meets specified standards, or a nurse of a health care facility  engaged in providing services within the facility. 
   
3. Defines “Healthcare 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 healthcare facility or the security thereof.”
   
4. Allows a health facility, as specified, to post a notice in a conspicuous place in any area of the facility stating substantially the following:
   

“WE WILL NOT TOLERATE any form of threatening or aggressive behavior toward our staff, patients, or visitors. Assaults and batteries against our staff, patients, or visitors are crimes and may result in a criminal conviction. All staff have the right to carry out their work without fearing for their safety.”

EXISTING LAW:

1. States that 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, and the person committing the offense knows or reasonably should know that the victim is member of one of the professions listed above and 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 two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding one year, or by both the fine and imprisonment. (Pen. Code, § 241, subd. (c).)
   
2. 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 member of one of the professions listed above engaged in the performance of his or her duties, as specified, the battery is punishable by a fine not exceeding $2,000, or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment. (Pen. Code, § 243, subd. (b).)
   
3. Specifies that when a battery causing injury 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 member of one of the professions listed above, engaged in their duties as specified, the battery is punishable as a misdemeanor, by a fine of not more than $2,000, by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, or as a realigned felony, by imprisonment for 16 months, or two or three years in the county jail. (Pen. Code, § 243, subd. (c)(1).)
   
4. When a battery causing injury is committed against a peace officer engaged in the performance of his or her duties, whether on or off duty, 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 as a misdemeanor by a fine of not more than $10,000, or by imprisonment in a county jail not exceeding one year or as a realigned felony by imprisonment in county jail for 16 months, or two or three years, or by both that fine ($10,000) and imprisonment. (Pen. Code, § 243, subd. (c)(2).)
5. States when battery committed upon any person and serious bodily injury is inflicted upon that person the offense is punishable by two, three, or four years in the state prison or by up to one year in the county jail. (Pen. Code, § 243, subd. (d).)
   
6. Defines "battery" as “the willful and unlawful use of force and violence upon another person”, punishable by up to six months in the county jail; by a fine not to exceed $2,000; or by both fine and imprisonment. (Pen. Code, §§ 242 and 243.)
   
7. Defines "assault" as an “unlawful attempt, coupled with a present ability, to inflict a violent injury upon the person of another”, and is punishable by a fine not exceeding $1,000; by imprisonment in the county jail not exceeding six months; or by both. (Pen. Code, §§ 240 and 241.)
   
8. Defines “injury” as “any physical injury which requires professional medical treatment.
   
9. Specifies that any person who commits an assault upon the person of another by any means of force likely to produce great bodily injury shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not exceeding one year, or by a fine not exceeding $10,000, or by both the fine and imprisonment. (Pen. Code, § 245, subd. (a)(4).)
   
10. States that any person who personally inflicts great bodily injury on any person other than an accomplice in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for three years. (Pen. Code, § 12022.7, subd. (a).)

FISCAL EFFECT:

Unknown

COMMENTS:

1. Author's Statement: According to the author, "Nurses are on the front lines of patient care and, as a result, report the highest rate of workplace assaults. However, the problem is not limited to nurses. Physicians, pharmacists, nurse practitioners, physician assistants, nurses’ aides, therapists, technicians, home healthcare workers, social/welfare workers, and emergency medical care personnel are all at risk of violence by patients or visitors. No one is immune to the risk.”
   
2. AB 172 (Rodriguez) was Vetoed by Governor Brown: AB 172 (Rodriguez) of the 2015-2016 Legislative Session would have increased 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. AB 172 was vetoed by Governor Brown.
   
   Governor Brown, in his veto message, stated, "This bill would increase from six months to one year in the county jail the maximum punishment for assault or battery on health care 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 challenge 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 will do either.
   
   "We need to find more creative ways to protect the safety of these critical workers. This bill isn't the answer."
   
   This bill is a reintroduction of AB 172.
   
3. Current Law Provides Elevated Penalties for Batteries on Physicians or Nurses Engaged in Rendering Emergency Medical Care Outside a Hospital, Clinic, or Other Health Care Facility: Misdemeanor assault and battery are punishable by a jail sentence of up to six months, and a fine up to $1000. (Pen. Code, §§ 240, 241, 242, 243.)
   
   Under current law, an assault or battery against physician or nurse engaged in rendering emergency medical care outside a hospital, clinic, or other health care facility, when the person committing the offense knows or reasonably should know that the victim is member of one of the professions listed above and engaged in rendering emergency medical care, is a misdemeanor punishable by a fine not exceeding $2,000, or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment. (Pen. Code, §§ 241, subd. (c), 243, sub. (b).)
   
   Current law treats assaults and batteries against nurses and physicians rendering emergency medical care outside a hospital in the same manner it treats assaults on firefighters, EMTs, lifeguards, and search and rescue members engaged in the performance of their duties.
   The common theme that connects a physician or nurse engaged in rendering emergency medical care outside a hospital and the other listed above, is that they are likely to be administering medical care as first responders.
   
   This bill seeks to extend the statutes to cover assaults on physicians, nurses, and healthcare workers of a hospital engaged in providing services within the emergency department. Medical staff in the emergency department are providing care for medical issues that need immediate attention. The nature of medical treatment within an emergency department is consistent with the medical treatment provided by other first responders that are covered by current law.
   
4. Steps Hospitals Are Taking to Reduce Violence in Emergency Rooms: Hospitals are increasingly taking steps to de-escalate potentially violent circumstances. An article from the San Diego Union Tribune, described some of the efforts hospitals are taking to reduce violence in emergency rooms.
   

The journalist spoke to Dr. Terry Kowalenko as part of the article. Dr. Kowalenko, a Michigan-based emergency physician who has researched ER violence, said that in order to “de-escalate” staff need to know what warning signs are likely to pop up before a patient takes a swing at his or her caregiver. Dr. Kowalenko indicated that having robust security available, and a quiet place for agitated patients to calm down, can all make a big difference in a hospital’s violence rate. “There is a big subset of people who become violent who didn’t come in violent, and often that’s a result of how they felt they were treated or not treated,” said Dr. Kowalenko.
(https://www.sandiegouniontribune.com/news/health/sd-no-er-violence20181002-story.html?utm_campaign=CHL%3A%20Daily%20Edition&utm_source=hs_email&utm_medium=email&utm_content=66397294&_hsenc=p2ANqtz--sntLhSCEA-pznt7hSu6CEG1-MIHHPpnzGzhrOz8VSxmGNmug07alj5KcFldvF74ocrN116zaez97PlhoQdI6xr2ovsh5uKPLnwT2bNxfLAkBVfg8&_hsmi=66397294)

Janie Kramer, chief operating officer of Sharp Memorial Hospital in San Diego, said the facility saw a sharp decrease in physical violence when it moved to 24-7 security and made a significant investment in security cameras. While verbal abuse is still too common, she said having a significant focus on security really has helped. “We do have security in rooms one-on-one with patients if they’re showing signs of violence, and we know that makes a big difference,” Kramer said. (Id.)

The American College of Emergency Physicians conducted a survey which asked emergency room doctors about the subject of assault in emergency departments. Half of the doctors surveyed indicated that the situation could be improved with increased use of security cameras, metal detectors, and increasing visitor screening. The survey was conducted between August 21 -27, or 2018. The survey contacted 3,539 emergency physicians.

1. Argument in Support: According to the California Hospital Association, “The bill would extend current criminal and civil penalties for assaults on physicians and nurses engaged in emergency medical care outside a hospital to similar conduct that may occur inside the hospital.
   
   “California hospitals are concerned about creating a safe environment for patients, employees and visitors, and thus take a variety of steps to balance a healing environment with a safe workplace. They have adopted workplace violence prevention plans, conduct training and undertake facility assessments. They have also taken steps to mitigate risk, such as adopting patient and visitor screening techniques, expanding use of alarms and utilizing additional security staff. Unfortunately, the risk of violence against health care employees remains. In the interest of protecting employees and patients, hospitals welcome yet another tool to support this effort.
   

“As currently written, the bill would apply to employees within a hospital who ‘perform duties directly associated with the care and treatment rendered by the healthcare facility or the security thereof.’ While this is an important first step, CHA would ultimately like to see the bill’s scope extended. Specifically, the enhanced penalties should be extended to any victim of workplace violence in a hospital, regardless of job role. Hospitals are a complex workplace in which staff nurses, medical equipment vendors, nutrition staff, environmental service workers, human resources personnel and others work together to provide patient care. Consistent with hospitals’ goal to provide a safe work environment, it is appropriate to extend coverage beyond individuals who ‘perform duties directly associated with the care and treatment rendered by the healthcare facility or the security thereof.’”

1. Argument in Opposition: According to the American Civil Liberties Union of California, “Under existing law, a person who is convicted of battery or assault on any person, including utility workers engaged in the performance of their duties, can be fined by up to $2,000 and $1,000 respectively, and sentenced by up to six months in jail. (Penal Code §243, subdivision (a); Penal Code §241, subdivision (a).). If the person inflicts serious bodily injury in the commission of the battery, the person can be punished by up to four years in jail. (Penal Code §243, subdivision (d).). If a person commits assault by means of force likely to produce great bodily injury, the person can be fined by up to $10,000 and sentenced to up to four years in prison. (Penal Code §245, subdivision (a)(4).). And if the person actually inflicts great bodily injury, the person can be punished by an additional three years in prison on top of the underlying sentence (Penal Code §12022.7, subdivision (a).). Great bodily injury inflicted during felony battery or felony assault will also constitute a ‘violent felony’ and a ‘serious felony’ for purposes of future sentence enhancements and alternative sentencing schemes. (Penal Code §667.5, subdivision (c)(8); Penal Code §1192.7, subdivision (c)(8).).

“Incidents of assault or battery in the context of a healthcare facility are often committed by persons who are in emotional or physical distress, or by persons who are suffering from mental illness. These attacks will not be deterred by creating the possibility of an increased jail sentence or fine. Indeed, studies have found that certainty of punishment (in other words, the fact that someone will be punished for a particular crime) has a greater deterrent effect than the severity of the punishment itself. Thus, adding a new alternative sentencing scheme for offenses that can already be punished under California law will not deter future crime or make our healthcare facilities any safer.”

1. Related Legislation: AB 26 (Rodriguez), would require an emergency ambulance provider to provide each emergency ambulance employee, who drives or rides in the ambulance, with body armor and safety equipment to wear during the employee’s work shift. AB 26 is awaiting hearing in the Assembly Labor and Employment Committee.
   
2. Prior Legislation:
   
   1. AB 172 (Rodriguez) of the 2015-2016 Legislative Session would have increased 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. AB 172 was vetoed by the Governor.
      
   2. AB 1959 (Rodriguez), of the 2015-2016 Legislative Session, would have increased the felony state prison punishment for assault upon the person of an emergency medical technician with a deadly weapon, firearm, semiautomatic firearm, .50 caliber sniper rifle, or machine gun. AB 1959 was held in on the Suspense File of the Assembly Appropriations Committee.
      
   3. AB 1680 (Rodriguez), Chapter 817, Statutes of 2016, made it a misdemeanor to use a drone to impede specified emergency personnel in the performance of their duties while coping with an emergency.
      
   4. 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.
   5. 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.
      

REGISTERED SUPPORT / OPPOSITION:

Support

Alliance of Catholic Health Care, Inc.
California Hospital Association
California Special Districts Association
California State Sheriffs' Association
Scripps Health

242 Private Individuals

Oppose

American Civil Liberties Union of California
California Advocates for Nursing Home Reform

Analysis Prepared by:

David Billingsley / PUB. S. / (916) 319-3744