BILL NUMBER: SB 2057	CHAPTERED  09/13/02

	CHAPTER  521
	FILED WITH SECRETARY OF STATE  SEPTEMBER 13, 2002
	APPROVED BY GOVERNOR  SEPTEMBER 13, 2002
	PASSED THE ASSEMBLY  AUGUST 15, 2002
	PASSED THE SENATE  MAY 28, 2002
	AMENDED IN SENATE  MAY 15, 2002
	AMENDED IN SENATE  APRIL 30, 2002
	AMENDED IN SENATE  APRIL 11, 2002

INTRODUCED BY   Senator O'Connell

                        FEBRUARY 22, 2002

   An act to amend Section 148.3 of the Penal Code, relating to
crime.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 2057, O'Connell.  Crime.
   Existing law provides that any individual who reports to specified
agencies that an emergency exists knowing that the report is false
is punishable by imprisonment in a county jail for a period not
exceeding one year, a fine not exceeding $1,000, or by both that
imprisonment and fine.  An emergency includes any condition which
results in, or could result in, the response of a public official in
an authorized emergency vehicle.
   This bill would expand this provision to include any condition
that results in, or could result in, the response of a public
official in an authorized emergency vehicle, aircraft, or vessel.  By
expanding the scope of a crime, the bill would impose a
state-mandated local program.
   Existing law provides that any individual who reports to specified
agencies that an emergency exists knowing that the report is false,
where great bodily injury or death is sustained by any person as a
result of the report, is guilty of a felony.
   This bill would also require that the individual knew or should
have known that the response to the report is likely to cause death
or great bodily injury.
  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.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 148.3 of the Penal Code is amended to read:
   148.3.  (a) Any individual who reports, or causes any report to be
made, to any city, county, city and county, or state department,
district, agency, division, commission, or board, that an "emergency"
exists, knowing that the report is false, is guilty of a misdemeanor
and upon conviction thereof shall be punishable by imprisonment in
the county jail for a period not exceeding one year, or by a fine not
exceeding one thousand dollars ($1,000), or by both that
imprisonment and fine.
   (b) Any individual who reports, or causes any report to be made,
to any city, county, city and county, or state department, district,
agency, division, commission, or board, that an "emergency" exists,
and who knows that the report is false, and who knows or should know
that the response to the report is likely to cause death or great
bodily injury, and great bodily injury or death is sustained by any
person as a result of the false report, is guilty of a felony and
upon conviction thereof shall be punishable by imprisonment in the
state prison, or by a fine of not more than ten thousand dollars
($10,000), or by both that imprisonment and fine.
   (c) "Emergency" as used in this section means any condition which
results in, or which could result in, the response of a public
official in an authorized emergency vehicle, aircraft, or vessel, or
any condition which jeopardizes or could jeopardize public safety and
results in, or could result in, the evacuation of any area,
building, structure, vehicle, or of any other place which any
individual may enter.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.