Bill Text: CA AB2406 | 2013-2014 | Regular Session | Amended
Bill Title: Battery: gassing.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2014-06-24 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB2406 Detail]
Download: California-2013-AB2406-Amended.html
BILL NUMBER: AB 2406 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 16, 2014
AMENDED IN ASSEMBLY MAY 23, 2014
AMENDED IN ASSEMBLY APRIL 3, 2014
INTRODUCED BY Assembly Member Rodriguez
FEBRUARY 21, 2014
An act to add and repeal Section 1797.122 of the Health
and Safety Code, relating to emergency medical services.
Section 243.93 to the Penal Code, relating to battery.
LEGISLATIVE COUNSEL'S DIGEST
AB 2406, as amended, Rodriguez. Emergency Medical
Services Authority: misuse of emergency medical services.
Battery: gassing.
Existing law provides that every person confined in a local
detention facility, state prison, or under the jurisdiction of the
Division of Juvenile Facilities of the Department of Corrections and
Rehabilitation, who commits a battery upon the person of a peace
officer by "gassing," as defined, is guilty of aggravated battery.
This bill would provide that a person who commits battery upon the
person of specified individuals, including emergency medical
technicians, by gassing is guilty of aggravated battery, punishable
by imprisonment in the county jail not exceeding 6 months, a fine not
exceeding $1,000, or both.
The bill would also authorize a law enforcement agency, if there
is probable cause to believe a violation has occurred, to order the
individual suspected of a violation to be tested for communicable
diseases, and would require the results of the tests to be provided
to the person who has been subject to a reported or suspected
violation.
By creating a new crime, this bill would impose a state-mandated
local program.
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.
Existing law requires the Emergency Medical Services Authority to
develop planning and implementation guidelines for emergency medical
services (EMS) systems that address several components, including,
but not limited to, manpower and training, communications,
transportation, and assessment of hospitals and critical care
centers.
This bill would require the authority, no later than July 31,
2016, to prepare and submit a report to the Legislature identifying
programs that have been implemented in the state by local EMS
agencies to address the misuse of emergency medical services. The
bill would require the report to include a summary of specified
information on the various approaches applied to serve those frequent
EMS user transports and any recommendations for the implementation
of a statewide program to address the misuse of emergency medical
services. The bill would specify that the authority may satisfy the
report requirement described above by working in partnership with and
directing a nonprofit agency to compile and publish the information
required in the report, or in lieu of a report, the bill would
authorize the authority to provide for a discussion of innovative
programs before local emergency medical services agencies, local
governments, and private agencies that addresses the misuse of
emergency medical services.
The bill would make legislative findings and declarations relating
to the misuse of emergency medical services.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 243.93 is added to the
Penal Code , to read:
243.93. (a) Every person who commits battery by gassing upon the
person of a peace officer, as defined in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2, hospital or nursing home
employee, physician, medical professional, ambulance attendant,
emergency medical technician, firefighter, or custodial officer, is
guilty of aggravated battery, punishable by imprisonment in the
county jail not exceeding six months, a fine not exceeding one
thousand dollars ($1,000), or both that fine and imprisonment.
(b) For purposes of this section, "gassing" means intentionally
placing or throwing, or causing to be placed or thrown, upon the
person of another, any human excrement or other bodily fluids or
bodily substances or any mixture containing human excrement or other
bodily fluids or bodily substances that results in contact with the
person's skin, hair, or membranes.
(c) Every available means shall be used to immediately investigate
all reported or suspected violations of subdivision (a), including,
but not limited to, the use of forensically acceptable means of
preserving and testing the suspected gassing substance to confirm the
presence of human excrement or other bodily fluids or bodily
substances. If there is probable cause to believe a violation of
subdivision (a) has occurred, when it is deemed medically necessary
to protect the health of a person who may have been subject to a
violation of this section, a law enforcement agency may order the
individual suspected of a violation of subdivision (a) to receive an
examination or test for hepatitis, tuberculosis, or any other disease
that is capable of being transmitted from contact with the human
fluid or substance involved, on either a voluntary or involuntary
basis immediately after the event, and periodically thereafter as
determined to be necessary in order to ensure that further disease
transmission does not occur. These decisions shall be consistent with
an occupational exposure as defined by the federal Centers for
Disease Control and Prevention. The results of any examination or
test shall be provided to the person who has been subject to a
reported or suspected violation of this section. Any person
performing tests, transmitting test results, or disclosing
information pursuant to this section shall be immune from civil
liability for any action taken in accordance with this section.
(d) This section does not preclude prosecution under both this
section and any other provision of law.
SEC. 2. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B 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 XIII B of the
California Constitution.
SECTION 1. The Legislature finds and declares
all of the following:
(a) Nonemergency calls are overloading the 911 system.
(b) The most common reasons that lead individuals to overutilize
emergency medical services transportation and emergency departments
include homelessness, mental illness, extreme poverty, multiple
health concerns, chronic physical conditions, substance abuse, and,
most frequently, a lack of understanding of the health care system
and the availability of more effective and appropriate alternatives.
(c) Frequent users of emergency medical services, commonly
referred to as ambulance "frequent flyers," are costing California
cities millions of dollars. According to the EMS Medical Director of
the County of San Diego Emergency Medical Services, for example,
1,136 frequent users utilized the emergency medical services (EMS)
system at least six times in 2012 and generated more than $20 million
in ambulance and paramedic charges.
SEC. 2. Section 1797.122 is added to the Health
and Safety Code, to read:
1797.122. (a) Except as provided in subdivision (d), the
authority shall prepare and submit a report to the Legislature
identifying programs that have been implemented in the state by local
emergency medical services agencies to address the misuse of
emergency medical services. The report shall include all of the
following:
(1) A summary of the different programs implemented by local
emergency medical services agencies to address the misuse of
emergency medical services, including specific information on the
various approaches applied to serve those frequent EMS user
transports, such as:
(A) Identification and prioritization.
(B) Medical assessments.
(C) Care management or comprehensive care.
(D) Ongoing support via home visits or telephone calls.
(E) Support to the patient and family by directing the patient and
his or her family to available resources such as health insurance
coverage, access to primary care and mental health services,
transportation, and other relevant social services.
(F) The financial impact of servicing frequent EMS user
transports, including funding sources and the costs of providing
these services.
(G) Best practices.
(H) Cost-saving measures to offset frequent EMS user transport
expenses.
(2) Any recommendations for the implementation of a statewide
program to address the misuse of emergency medical services.
(b) The report shall be submitted to the Legislature no later than
July 31, 2016.
(c) (1) A report submitted pursuant to subdivision (a) shall be
submitted in compliance with Section 9795 of the Government Code.
(2) Pursuant to Section 10231.5 of the Government Code, this
section is repealed on January 1, 2019.
(d) To satisfy the report requirement described in subdivision
(a), the authority may do either of the following:
(1) Work in a partnership with and direct a nonprofit agency to
compile and publish the information described in subdivision (a). The
authority shall provide this information to the Legislature in
accordance with subdivisions (b) and (c).
(2) In lieu of a report, the authority may provide for a
discussion of innovative programs before local emergency services
agencies, local governments, and private agencies that addresses the
misuse of emergency medical services.
