Battery: gassing.

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 who commits battery upon the person of specified individuals, including emergency medical technicians, by gassing is guilty of aggravated battery, punishable by imprisonment in the county jail not exceeding 6 months, a fine not exceeding $1,000, or both. The bill would also authorize a law enforcement agency, if there is probable cause to believe a violation has occurred, to order the individual suspected of a violation to be tested for communicable diseases, and would require the results of the tests to be provided to the person who has been subject to a reported or suspected violation. 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.