Oregon House Bill 4088: Criminalizing Disability-Related Behavior in Hospitals
A surprise amendment to Section 6 of HB 4088 will criminalize disability related behavior and do serious harm to people with disabilities’ access to healthcare. Disability Rights Oregon strongly supports resources to make hospital workers safer on the job—but, as written, HB 4088 does not achieve this objective and will further discriminate against people with disabilities.
Our Position
Any bill passed to create enhanced criminal penalties for assaulting a hospital worker must exclude disability-related behavior of people with intellectual disability, developmental disability, dementia, traumatic brain injury, mental illness, or other condition that significantly impair the person’s judgment or behavior.
February 13, 2024: Written Testimony to the House Judiciary Committee
February 15, 2024: Written Testimony Opposing Statements of District Attorneys
May 2016: U.S. Department of Justice Report on Enhanced Criminal Penalties
Beth Brownhill, Managing Attorney, Oral Testimony to the House Judiciary Committee on February 13, 2024
HB 4088 Won’t Prevent Hospital Worker Injuries
Legislators and law enforcement supporting this bill claim that Washington state has a similar law and that we need enhanced criminal penalties to prevent hospital workers from getting hurt. But, that isn’t true.
According to the most recent data from the U.S. Bureau of Labor Statistics:
Injuries of hospital workers are below the 10-year average in Oregon.
Oregon has 26% fewer hospital worker injuries than Washington state.
Oregon has 33% fewer hospital worker days away from work, job transfer, or restriction due to injury than Washington state.
There is no evidence to support the idea that enhanced criminal penalties prevent hospital worker assaults. But they will prevent access to healthcare.
Chief Sponsor:
Representative Travis Nelson (D-North & Northeast Portland)
Representative Shelly Boshart Davis (R-Albany, Millersburg, Tangent)
Committee:
House Judiciary Committee
Senate Judiciary Committee
