AB-1959: Assault on an emergency medical technician. Rodriguez

Session Year: 2015-2016

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Hearings for AB-1959

Bill Details

  • Text
  • Votes
  • History
  • Bill Analysis
  • Today's Law As Amended
  • Status
  • Comments to Author

Text

An act to amend Section 245 of the Penal Code, relating to crimes.

LEGISLATIVE COUNSEL'S DIGEST

AB 1959, Assembly Member Rodriguez. Assault on an emergency medical technician.

Existing law makes it a crime and specifies terms of imprisonment for assault on a peace officer or firefighter when the person knows or reasonably should know that the person is a peace officer or firefighter engaged in the performance of his or her duties. Existing law specifies various terms of imprisonment depending on whether the assault was committed with a deadly weapon that is not a firearm, a firearm, or one of a specified type of firearm, including machineguns and assault weapons.

This bill would make these provisions applicable to an assault on an emergency medical technician when the person knows or reasonably should know that the person is an emergency medical technician engaged in the performance of his or her duties. By increasing the penalty for a 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.

Vote Required: majority Appropriation: no Fiscal Committee: yes Local Program: yes

The people of the State of California do enact as follows:

SECTION 1. Section 245 of the Penal Code is amended to read:
245.

(a)(1)A person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm 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 ten thousand dollars ($10,000), or by both the fine and imprisonment.

(2)A person who commits an assault upon the person of another with a firearm shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not less than six months and not exceeding one year, or by both a fine not exceeding ten thousand dollars ($10,000) and imprisonment.

(3)A person who commits an assault upon the person of another with a machinegun, as defined in Section 16880, or an assault weapon, as defined in Section 30510 or 30515, or a .50 BMG rifle, as defined in Section 30530, shall be punished by imprisonment in the state prison for 4, 8, or 12 years.

(4)A 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 ten thousand dollars ($10,000), or by both the fine and imprisonment.

(b)A person who commits an assault upon the person of another with a semiautomatic firearm shall be punished by imprisonment in the state prison for three, six, or nine years.

(c)A person who commits an assault with a deadly weapon or instrument, other than a firearm, or by any means likely to produce great bodily injury upon the person of a peace officer, firefighter, or emergency medical technician, and who knows or reasonably should know that the victim is a peace officer, firefighter, or emergency medical technician engaged in the performance of his or her duties, when the peace officer, firefighter, or emergency medical technician is engaged in the performance of his or her duties, shall be punished by imprisonment in the state prison for three, four, or five years.

(d)(1)A person who commits an assault with a firearm upon the person of a peace officer, firefighter, or emergency medical technician, and who knows or reasonably should know that the victim is a peace officer, firefighter, or emergency medical technician engaged in the performance of his or her duties, when the peace officer, firefighter, or emergency medical technician is engaged in the performance of his or her duties, shall be punished by imprisonment in the state prison for four, six, or eight years.

(2)A person who commits an assault upon the person of a peace officer, firefighter, or emergency medical technician with a semiautomatic firearm and who knows or reasonably should know that the victim is a peace officer, firefighter, or emergency medical technician engaged in the performance of his or her duties, when the peace officer, firefighter, or emergency medical technician is engaged in the performance of his or her duties, shall be punished by imprisonment in the state prison for five, seven, or nine years.

(3)A person who commits an assault with a machinegun, as defined in Section 16880, or an assault weapon, as defined in Section 30510 or 30515, or a .50 BMG rifle, as defined in Section 30530, upon the person of a peace officer, firefighter, or emergency medical technician, and who knows or reasonably should know that the victim is a peace officer, firefighter, or emergency medical technician engaged in the performance of his or her duties, shall be punished by imprisonment in the state prison for 6, 9, or 12 years.

(e)When a person is convicted of a violation of this section in a case involving use of a deadly weapon or instrument or firearm, and the weapon or instrument or firearm is owned by that person, the court shall order that the weapon or instrument or firearm be deemed a nuisance, and it shall be confiscated and disposed of in the manner provided by Sections 18000 and 18005.

(f)As used in this section, “peace officer” refers to any person designated as a peace officer in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.

SEC. 2.

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.

Bill Version

February 12, 2016 - INTRODUCED

Bill Activity

Introduced by

Assembly Member Rodriguez
February 12, 2016

Votes

Date Result Location Ayes Noes NVR Motion
03/29/16 (PASS) Asm Public Safety 5 1 0 Do pass and be re-referred to the Committee on [Appropriations]
  Ayes: Melendez, Lackey, Lopez, Low, Santiago
  Noes: Quirk
  No Votes Recorded: Jones-Sawyer

History

Date Action
05/27/16 In committee: Held under submission.
04/13/16 In committee: Set, first hearing. Referred to suspense file.
03/30/16 From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (March 29). Re-referred to Com. on APPR.
02/25/16 Referred to Com. on PUB. S.
02/16/16 From printer. May be heard in committee March 17.
02/12/16 Read first time. To print.
04/13/16 In committee: Set, first hearing. Referred to suspense file.
03/30/16 From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (March 29). Re-referred to Com. on APPR.
02/25/16 Referred to Com. on PUB. S.
02/16/16 From printer. May be heard in committee March 17.
02/12/16 Read first time. To print.
03/30/16 From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (March 29). Re-referred to Com. on APPR.
02/25/16 Referred to Com. on PUB. S.
02/16/16 From printer. May be heard in committee March 17.
02/12/16 Read first time. To print.
02/25/16 Referred to Com. on PUB. S.
02/16/16 From printer. May be heard in committee March 17.
02/12/16 Read first time. To print.
02/16/16 From printer. May be heard in committee March 17.
02/12/16 Read first time. To print.
02/12/16 Read first time. To print.

Bill Analysis

Date Analysis
04/11/16 Assembly Appropriations
03/28/16 Assembly Public Safety

Today's Law as Amended

Status

Bill Status
Measure: AB-1959
Lead Authors: Rodriguez
Principal Coauthors: -
Coauthors: -
Topic: Assault on an emergency medical technician.
31st Day in Print: 03/17/16
Title: An act to amend Section 245 of the Penal Code, relating to crimes.
House Location: Assembly
Introduced Date: 02/12/16
Type of Measure
Active Bill - In Committee Process
Majority Vote Required
Non-Appropriation
Fiscal Committee
Local Program
Non-Urgency
Non-Tax Levy
Last 5 History Actions
Date Action
05/27/16 In committee: Held under submission.
04/13/16 In committee: Set, first hearing. Referred to suspense file.
03/30/16 From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (March 29). Re-referred to Com. on APPR.
02/25/16 Referred to Com. on PUB. S.
02/16/16 From printer. May be heard in committee March 17.

Comments to Author