BILL ANALYSIS Ó
AB 47
Page 1
ASSEMBLY THIRD READING
AB 47 (Gatto)
As Amended April 18, 2013
Majority vote
PUBLIC SAFETY 7-0 APPROPRIATIONS 17-0
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|Ayes:|Ammiano, Melendez, |Ayes:|Gatto, Harkey, Bigelow, |
| |Jones-Sawyer, Mitchell, | |Bocanegra, Bradford, Ian |
| |Quirk, Skinner, Waldron | |Calderon, Campos, |
| | | |Donnelly, Eggman, Gomez, |
| | | |Hall, Ammiano, Linder, |
| | | |Pan, Quirk, Wagner, Weber |
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SUMMARY : Increases the fines and penalties for making a prank
911 phone call resulting in the dispatch of service personnel.
Specifically, this bill :
1)Provides that any person who calls the 911 telephone system to
dispatch a police, sheriff, fire department, or emergency
medical service response to a residence or place of business
where there is no emergency, with the intent to annoy or
harass another person, and if police, sheriff, fire
department, or emergency medical service personnel dispatched
as a result of the telephone call, is guilty of a misdemeanor
punishable by a fine of not more than $2,000, by imprisonment
in a county jail for not more than one year, or by both that
fine and imprisonment.
2)Provides that any person who calls the 911 telephone system to
dispatch a police, sheriff, fire department, or emergency
medical service personnel response to a residence or place of
business where there is no emergency, with the intent to annoy
or harass another person, and if police, sheriff, fire
department, or emergency medical service personnel are
dispatched and any person sustains bodily injury as a result
of conduct arising out of and in the course of the police,
sheriff, fire department, or emergency medical service
personnel being dispatched to the residence or place of
business, is guilty of an offense punishable by a fine of not
more than $10,000, by imprisonment in a county jail for not
more than one year, or pursuant to Penal Code Section 1170(h)
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for 16 months, or two or three years, or by both that fine and
imprisonment.
3)Specifies that nothing in this section precludes punishment
under any other provision of law which provides for greater
punishment, including involuntary manslaughter.
4)Defines an "emergency" as "any condition in which emergency
services will result in the saving of a life, a reduction in
the destruction of property, quicker apprehension of
criminals, or assistance with potentially life-threatening
medical problems, a fire, a need for rescue, an imminent
potential crime, or a similar situation."
5)Requires a convicted defendant to be liable for all reasonable
costs, including property damage, incurred by an unnecessary
police, sheriff, fire department, or emergency medical service
response.
6)Provides that this section does not apply to telephone calls
made in good faith.
EXISTING LAW :
1)Provides that it is a misdemeanor to telephone the 911
emergency line with the intent to annoy or harass another
person, punishable by a fine of not more than $1,000; by
imprisonment in a county jail for not more than six months; or
by both the fine and imprisonment. Specifies that intent to
annoy or harass is established by proof of repeated calls over
a period of time, however short, that are unreasonable under
the circumstances.
2)States any person who knowingly allows the use or who uses the
911 telephone system for any reason other than because of an
emergency, as specified, is guilty of an infraction. For a
first violation, the violator obtains a warning. Subsequent
violations are punishable as follows, but subject to reduction
for inability to pay:
a) For a second violation, a fine of $50.
b) For a third violation, a fine of $100.
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c) For a fourth or subsequent violation, a fine of $250.
3)States the parent or legal guardian having custody and control
of an un-emancipated minor who violates this section shall be
jointly and severally liable with the minor for the fine
imposed pursuant to this section.
4)Provides that it is a misdemeanor to knowingly report a false
emergency, but that this conduct is a felony if the offense
results in great bodily injury or death.
5)Provides that it is a misdemeanor to knowingly and maliciously
interrupt or otherwise interfere with the transmission of
emergency-related communication over an amateur or a citizen's
band radio frequency. Provides that it is a felony if this
offense results in serious bodily injury or property loss in
excess of $10,000.
FISCAL EFFECT : According to the Assembly Appropriation
Committee, unknown, probably minor nonreimbursable local law
enforcement and incarceration costs, offset to a degree by
increased fine revenue and offender financial liability.
It is not likely many offenders would serve actual jail time
under this bill; fines are a more likely penalty. Moreover,
current law already provides for similar penalties. By creating
an alternate felony/misdemeanor, however, the bill does create
the possibility of longer jail terms that could impact future
realignment formulae and exacerbate jail overcrowding.
COMMENTS : According to the author, "There has been an alarming
rise in the crime known as 'swatting' - a malicious prank that
tricks emergency service providers into dispatching law
enforcement emergency response teams to locations where no crime
is occurring. The name is derived from several successful
pranks in which SWAT (Special Weapons and Tactics) teams were
dispatched as a result of calls claiming there was a hostage
situation, or worse, at a specified location. These pranks are
a serious drain of public safety resources away from real
emergencies, and dispatching armed law enforcement officers to
fake emergencies places the public and law enforcement at
significant risk.
"Victims of these dangerous pranks include celebrities such as
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Ashton Kutcher and Justin Bieber and ordinary households like
the Bates family of Lake Forest, Calif. Noted political
bloggers Patrick Frey and Erick Erickson have also been victims
of 'swatting,' creating a dangerous precedent for targeting
individuals merely for expressing their political beliefs.
"Recently, the Los Angeles Times has reported how several law
enforcement officers have already been injured responding to
such calls, and officials including Los Angeles Police Chief
Charlie Beck fear that it's only a matter of time before events
turn deadly.
"AB 47 seeks to prevent these types of malicious and dangerous
'swatting' calls by increasing the fines and penalties for
anyone who makes a call to 9-1-1 resulting in the deployment of
emergency response personnel when no emergency exists.
"Legislation in the state of Michigan signed by Governor Rick
Snyder in 2012 outlined new, enhanced penalties for 'swatting.'
The Michigan law calls for up to 10 years of jail time for
making a false report and up to 15 years if a person is killed,
sentences much longer than what AB 47 proposes."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Sandy Uribe / PUB. S. / (916) 319-3744
FN: 0000765