California Emergency Workers Receive More Protection from Physical Violence in 2025
ER Departments:
Harsher punishments are in effect for those engaging in physical violence against ER staff.
A new bill (Assembly Bill 977) has been signed into law by Governor Newsom and recently took effect on January 1, 2025. This new law increases the punishment for any person who assaults or batters a doctor, nurse, or other hospital worker in the emergency department.
California law defines the phrase “health care worker” very broadly and states that the phrase includes “a person who, in the course and scope of employment, performs duties directly associated with the care and treatment rendered by the hospital’s emergency department or the department’s security.” Clearly, this definition is quite broad.
As of January 1, 2025, if a person commits either an assault or battery on a health care worker in an emergency department, the punishment is more severe. For both assault and battery against a health care worker, the punishment is $2,000 fine, imprisonment in county jail for up to a year, or both. Prior to the new law, the maximum imprisonment in county jail was only 6 months. For batteries, the punishment of imprisonment is more severe if the battery is a felony. If the battery is a felony, the imprisonment can be up to 16 months, two years, or three years.
You may be wondering what constitutes an assault and what constitutes a battery. First, an assault is defined by California law as “an unlawful attempt, coupled with a present ability, to commit a violent injury on the person or another.” An assault is where the person tries to harm another and is presently able to. Whereas, a battery is defined by California law as “any willful and unlawful use of force or violence upon the person of another.” Thus, a battery is when contact is actually made between the aggressor and the victim.
Moreover, the emergency departments may now post in a conspicuous place within their department the following notice: “WE WILL NOT TOLERATE any form of threatening or aggressive behavior toward our staff. Assaults and batteries against our staff are crimes and may result in a criminal conviction.” By posting this sign, lawmakers believe the patients and the patients’ family members or loved ones in the emergency department will be deterred from harming the health care workers.
Regardless of the notice, California ER workers should be aware of the new law, communicate the harsher punishment verbally to the patient or visitors, and report any assaults or batteries the workers are forced to suffer to their supervisors. Hospital administrators, supervisors, and managers should take the time to educate their emergency room staff and to place the conspicuous sign up within their department. Stricter adherence to the new law can help create a safer work environment for employees and employers.