Attacks on ER Workers Prompt Debate Over Tougher Penalties

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A California proposal would stiffen the punishment for attacks in the emergency room, as violence against workers in the hospital is rising.

Receive email when new articles are published onPatients hurl verbal abuse at Michelle Ravera every day in the emergency room. Physical violence is less common, she said, but has become a growing threat.

In California, simple assault against workers inside an ER is considered the same as simple assault against almost anyone else, and carries a maximum punishment of a $1,000 fine and six months in jail. In contrast, simple assault against emergency medical workers in the field, such as an EMT responding to a 911 call, carries maximum penalties of a $2,000 fine and a year in jail. Simple assault does not involve the use of a deadly weapon or the intention to inflict serious bodily injury.

Rodriguez has introduced similar measures twice before. Then-Gov. Jerry Brown vetoed one in 2015, saying he doubted a longer jail sentence would deter violence. "We need to find more creative ways to protect the safety of these critical workers," he wrote in his veto message. The 2019 bill died in the state Senate.

Punching, kicking, pushing, and similar aggression accounted for most of the attacks. Only a small number included weapons. "There's no evidence to suggest that increased penalties are going to meaningfully address this conduct," said Eric Henderson, a legislative advocate for ACLU California Action. "Most importantly, there are already laws on the books to address assaultive conduct.", said the measure doesn't take into account the special needs of people with autism and other developmental disorders.

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