Battery: gassing.

Existing law establishes the State Department of Mental Health, provides for the administration of state hospitals, and provides for the involuntary confinement of certain individuals in those state hospitals, including persons who have been found not guilty of a charge by reason of insanity, who have been found incompetent to stand trial by a judge, or have been determined, as a result of a mental disorder, to be a danger to themselves or others. 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 confined to a state hospital who commits battery upon the person of a peace officer or employee of a state hospital by gassing is guilty of aggravated battery, punishable by imprisonment in county jail or state prison for 2, 3, or 4 years. The bill would also require the State Department of Mental Health to submit a report to the Legislature by January 1, 2015, regarding gassing incidents at state hospitals. 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.