BILL ANALYSIS
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Elaine K. Alquist, Chair A
2005-2006 Regular Session B
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AB 376 (Mountjoy)
As Amended June 13, 2005
Hearing date: June 21, 2005
Penal Code
AA:br
AMBER ALERT :
PENALTIES FOR FALSE REPORTS
HISTORY
Source: Author
Prior Legislation: None
Support: California Peace Officers' Association; California
District Attorneys Association; Peace Officers Research
Association of California; Los Angeles County Sheriff's
Department; Office of the San Bernardino County
Sheriff; California Organization of Police and
Sheriffs; County of San Diego; California State
Sheriffs' Association; Los Angeles District Attorney's
Office
Opposition:California Attorneys for Criminal Justice
Assembly Floor Vote: Ayes 77 - Noes 0
KEY ISSUE
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SHOULD A NEW MISDEMEANOR BE ENACTED FOR THE INTENTIONAL
REPORTING OF A FALSE REPORT TO ACTIVATE THE "AMBER ALERT"
EMERGENCY ALERT SYSTEM, PUNISHABLE BY UP TO SIX MONTHS IN JAIL,
A FINE OF UP TO $5000, OR BOTH, AS SPECIFIED?
PURPOSE
The purpose of this bill is to enact a new misdemeanor for the
intentional reporting of a false report to activate the "Amber
Alert" Emergency Alert System, as specified, punishable by up to
six months in the county jail, a fine of up to $5,000, or both
fine and imprisonment.
Current law provides that if an abduction has been reported to a
law enforcement agency and the agency determines that a child 17
years of age or younger, or an individual with a proven mental
or physical disability, has been abducted and is in imminent
danger of serious bodily injury or death, and there is
information available that, if disseminated to the general
public, could assist in the safe recovery of the victim, the
agency, shall, absent extenuating investigative needs, request
activation of the Emergency Alert System within the appropriate
local area. The California Highway Patrol, if requested by a
law enforcement agency, shall activate the system. (Government
Code 8594(a).)
Current law provides that any individual who reports, or causes
any report to be made, to a public agency, as specified, 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; by a fine not exceeding $1,000; or by both that
imprisonment and fine. (Penal Code 148.3(a).)
Current law defines "emergency" as used above as any condition
which results in, or could result in, the response of a public
official in an emergency vehicle, or any condition which
jeopardizes, or could jeopardize, public safety and results in,
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or could result in, the evacuation of any area, building,
structure, vehicle, or of any other place which any individual
may enter. (Penal Code 148.3(c).)
Current law provides that every person who reports to any peace
officer, as specified, district attorney, or deputy district
attorney that a felony or misdemeanor has been committed,
knowing the report to be false, is guilty of a misdemeanor,
punishable by up to six months in county jail; a fine of $1,000;
or both fine and imprisonment. (Penal Code 148.5(a).)
Current law provides that every person who reports to any other
peace officer, as specified, that a felony or misdemeanor has
been committed, knowing the report to be false, is guilty of a
misdemeanor, punishable by up to six months in county jail; a
fine of $1,000; or both fine and imprisonment if: (a) the false
information is given while the peace officer is engaged in the
performance of his or her duties as a peace officer, and (b) the
person providing the false information knows or should have
known that the person receiving the information is a peace
officer. (Penal Code 148.5(b).)
Current law states that every person who reports to any other
employee assigned to accept reports from citizens, either
directly or by telephone, and employed by a state or local
agency, as specified, that a felony or misdemeanor has been
committed, knowing the report to be false, is guilty of a
misdemeanor, punishable by up to six month in county jail; a
fine of $1,000; or both fine and imprisonment if: (a) the false
information is given while the employee is engaged in the
performance of his or her duties as an agency employee, and (b)
the person providing the false information knows or should have
known that the person receiving the information is an agency
employee engaged in the performance of the duties, as specified.
(Penal Code 148.5(c).)
This bill would enact a new crime providing that any "person who
reports, or causes a report to be made to a law enforcement
agency that an abduction has occurred, with the intent to
activate the Emergency Alert System, or as a result of the
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information, causes an activation of the Emergency Alert System
pursuant to Section 8594 of the Government Code, knowing that
the report is false, is punishable by a fine not exceeding
$5,000, imprisonment in a county jail for a period not exceeding
six months, or by both that fine and imprisonment."
COMMENTS
1. Stated Need for This Bill
The author states:
Existing law treats a false report that causes a
false Amber Alert in the same manner as any other
false police report. The uniqueness and importance
of the Amber Alert should require a stiffer penalty
in order to dissuade such false reports that could
weaken the public's faith in Amber Alerts. We
cannot afford to have a child's safety jeopardized
by allowing the public to become desensitized to
Amber Alerts. We must have penalties that make
people think twice before "crying wolf."
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2. Recent Amendments; Current Law
This bill was heard by the Committee on June 7, 2005 when it
failed passage (3-0). Reconsideration was granted (6-0) and the
author subsequently has amended the penalty provisions of the
bill to lower its maximum jail time and increase its maximum
fine. As amended the new crime created by the bill would be a
misdemeanor, punishable by up to six months in the county jail;
a fine of up to $5,000; or both fine and imprisonment. The
specific elements of the crime would be:
report, or cause a report to be made, to a law
enforcement agency that a child 17 years of age or
younger, or an individual with a proven mental or
physical disability, has been abducted and is in
imminent danger of serious bodily injury or death;
intent to activate the Emergency Alert System, or,
as a result of the information, cause an activation
of the Emergency Alert System; and
know the report is false.
The following chart depicts existing penalties for false reports
and alarms, and the penalties proposed by this bill:
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| FALSE REPORT | PENALTY |
|--------------------------------+--------------------------------|
|False report of an emergency to |Misdemeanor; jail up to 1 year, |
|a governmental agency |fine up to $1000, or both. |
|--------------------------------+--------------------------------|
|False report of an emergency to |Felony, prison (16 months, 2 or |
|a governmental agency causing |3 years), fine up to $10,000, |
|great bodily injury or death |or both. |
|--------------------------------+--------------------------------|
|False police report |Misdemeanor, jail up to 6 |
| |months, fine up to $1000, or |
| |both. |
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|--------------------------------+--------------------------------|
|False fire alarm |Misdemeanor, jail up to 1 year, |
| |fine up to $1000, or both. |
|--------------------------------+--------------------------------|
|False fire alarm causing great |Felony, prison (16 months, 2 or |
|bodily injury or death |3 years), fine from $500 - |
| |$10,000), or both. |
|--------------------------------+--------------------------------|
|This bill: false report to |Misdemeanor; jail up to six |
|activate, or resulting in |months, fine up to $5000, or |
|activation of, "Amber Alert" |both. |
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DOES THE UNIQUE NATURE OF A FALSE AMBER ALERT REPORT WARRANT THE
HEIGHTENED FINE PROPOSED BY THIS BILL?
3. Fraudulent Abuse of the Amber Alert System
According to the analysis prepared by the Assembly Committee on
Public Safety, the author submitted several incidents since the
inception of the Emergency Alert System (Amber Alert) involving
persons intentionally making false reports of abductions for the
purpose of activating the Amber Alert system. "The effectiveness
of the Amber Alert system depends, to a large degree, on the
public's confidence in the accuracy of the system. False reports
which activate the system could erode that public confidence and,
eventually, could reduce the level of public assistance to law
enforcement in response to Amber Alerts."
In his letter of support for this measure, Sheriff Baca from Los
Angeles County provides an example of a woman who reported that
her daughter had been kidnapped at gunpoint.
Due to the information provided, an Amber Alert was
immediately issued and a command post was established
involving approximately thirty detectives to begin an
exhaustive investigation into the alleged crime.
The alleged victim was eventually located and
interviewed. . . . (I)t was determined the alleged
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victim's mother made up the kidnapping at gunpoint
incident because she did not believe members of the
Sheriff's Department would actively look for her
runaway daughter. During the course of the
investigation, the Department expended in excess of
$23,000 in overtime.
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