BILL NUMBER: AB 2225 CHAPTERED 09/09/06 CHAPTER 227 FILED WITH SECRETARY OF STATE SEPTEMBER 9, 2006 APPROVED BY GOVERNOR SEPTEMBER 9, 2006 PASSED THE ASSEMBLY AUGUST 14, 2006 PASSED THE SENATE AUGUST 10, 2006 AMENDED IN SENATE JUNE 22, 2006 INTRODUCED BY Assembly Member Mountjoy (Coauthors: Assembly Members Bogh, Cogdill, Daucher, DeVore, Huff, La Suer, Maze, Niello, Spitzer, Strickland, Tran, Villines, and Wyland) (Coauthor: Senator Battin) FEBRUARY 22, 2006 An act to amend Section 148.3 of the Penal Code, relating to crime. LEGISLATIVE COUNSEL'S DIGEST AB 2225, Mountjoy Amber alerts. Existing law requires the activation of the Emergency Alert System if it has been reported to law enforcement that a child 17 years of age or younger or a person with a physical or mental disability has been abducted and it is determined that he or she is in imminent danger of serious bodily injury or death, as specified. Existing law also provides that any individual who reports an emergency that results or could result in the response of a public official of any city, county, or city and county, knowing that the report is false, is punishable by a fine not exceeding $1,000, imprisonment in a county jail, or by both that fine and imprisonment. This bill would expand these provisions to include an emergency that results in or could result in activation of the Emergency Alert System with the exception of reports made in good faith by a parent, legal guardian, or lawful custodian of a child. Because this bill would change the definition of a 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. 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 that results in, or could result in, the response of a public official in an authorized emergency vehicle, aircraft, or vessel, any condition that 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 that any individual may enter, or any situation that results in or could result in activation of the Emergency Alert System pursuant to Section 8594 of the Government Code. An activation or possible activation of the Emergency Alert System pursuant to Section 8594 of the Government Code shall not constitute an "emergency" for purposes of this section if it occurs as the result of a report made or caused to be made by a parent, guardian, or lawful custodian of a child that is based on a good faith belief that the child is missing. 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.