Bill Text: CA AB1959 | 2015-2016 | Regular Session | Introduced
Bill Title: Assault on an emergency medical technician.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2016-11-30 - From committee without further action. [AB1959 Detail]
Download: California-2015-AB1959-Introduced.html
BILL NUMBER: AB 1959 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Rodriguez
FEBRUARY 12, 2016
An act to amend Section 245 of the Penal Code, relating to crimes.
LEGISLATIVE COUNSEL'S DIGEST
AB 1959, as introduced, 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: majority. Appropriation: no. Fiscal committee: yes.
State-mandated 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) Any 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) Any 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) Any 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) Any 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) Any 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) Any 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 or officer,
firefighter, or emergency medical technician, and
who knows or reasonably should know that the victim is a peace
officer or firefighter officer, firefighter,
or emergency medical technician engaged in the performance of
his or her duties, when the peace officer or firefighter
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) Any A person who commits an
assault with a firearm upon the person of a peace officer or
officer, firefighter, or emergency medical
technician, and who knows or reasonably should know that the
victim is a peace officer or firefighter
officer, firefighter, or emergency medical technician engaged
in the performance of his or her duties, when the peace
officer or firefighter 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) Any A person who commits an
assault upon the person of a peace officer or firefighter
officer, firefighter, or emergency medical technician
with a semiautomatic firearm and who knows or reasonably should
know that the victim is a peace officer or firefighter
officer, firefighter, or emergency medical technician
engaged in the performance of his or her duties, when the peace
officer or firefighter 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) Any 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 or officer, firefighter,
or emergency medical technician, and who knows or reasonably
should know that the victim is a peace officer or
firefighter 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 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.
