BILL ANALYSIS Ó
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THIRD READING
Bill No: AB 47
Author: Gatto (D)
Amended: 8/20/13 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 7/2/13
AYES: Hancock, Anderson, Block, De León, Knight, Liu, Steinberg
SENATE APPROPRIATIONS COMMITTEE : 4-0, 8/12/13
AYES: De León, Gaines, Hill, Steinberg
NO VOTE RECORDED: Walters, Lara, Padilla
ASSEMBLY FLOOR : 76-0, 5/28/13 - See last page for vote
SUBJECT : Emergency telephone system: abuse
SOURCE : Author
DIGEST : This bill creates additional penalties for calling
911 to report an emergency with the intent to annoy or harass
when there is no emergency.
ANALYSIS :
Existing law:
1. Provides that 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
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false, is guilty of a misdemeanor punishable by imprisonment
in a county jail for period not exceeding one year and/or by
a fine of not exceeding $1,000 (plus penalty assessments).
2. Provides that 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 the report is
false, and who knows or should know that 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 shall be punishable by imprisonment in the county
jail for 16 months, two or three years and/or a fine of not
more than $10,000 (plus penalty assessments).
3. Provides that "emergency" 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 any other place that
any individual may enter, or any situation that results in or
could result in activation of the Emergency Alert System.
4. 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. 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.
5. States that 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:
For a second violation, a fine of $50.
For a third violation, a fine of $100.
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For a fourth or subsequent violation, a fine of $250.
6. States the parent or legal guardian having custody and
control of an un-emancipated minor who violates the
specifying statute shall be jointly and severally liable with
the minor for the fine imposed.
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 plus
penalty assessments, 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 for 16 months, or two or three years,
or by both that fine and imprisonment.
3. Specifies that nothing precludes punishment under any other
provision of law which provides for greater punishment,
including involuntary manslaughter.
4. Defines "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
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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 it does not apply to telephone calls made in
good faith.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Potential minor increase in state incarceration costs, likely
less than $50,000 (General Fund) annually, for increased state
prison commitments to the extent felony convictions under this
measure sentenced pursuant to Penal Code Section 1170(h) occur
for individuals convicted of a prior serious or violent
felony.
Potential non-reimbursable local enforcement and incarceration
costs offset to a degree by fine revenue and offender
reimbursement payments.
While the impact of this bill independently on local jails is
likely to be minor, the cumulative effect of new or expanded
crimes impacting jail overcrowding could create General Fund
cost pressure on capital outlay, staffing, programming, the
courts, and other resources in the context of criminal justice
realignment.
SUPPORT : (Verified 8/20/13)
California Ambulance Association
California Professional Firefighters
California Statewide Law Enforcement Association
Cities of Beverly Hills, Los Angeles, Sacramento, Thousand Oaks,
and Visalia
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League of California Cities
Los Angeles County District Attorney
San Bernardino County Sheriff's Department
OPPOSITION : (Verified 8/20/13)
California Attorneys for Criminal Justice
California Public Defenders Association
Taxpayers for Improving Public Safety
ARGUMENTS IN SUPPORT : 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 police officers to fake emergencies places the
public and law enforcement at significant risk.
ARGUMENTS IN OPPOSITION : California Attorneys for Criminal
Justice states, "This legislation is unnecessary, as existing
law more than adequately addresses this type of behavior, and
provides a more effective method of obtaining restitution for
the actual cost of unnecessary emergency response. This
legislation appears to be a reaction to the so called "SWATing"
incidents (where pranksters call 911 making false allegations to
have law enforcement dispatched to celebrity's mansions) that
have recently made headlines. As such, it would appear to only
have an impact on privileged population.
ASSEMBLY FLOOR : 76-0, 5/28/13
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown,
Buchanan, Ian Calderon, Campos, Chau, Chávez, Conway, Cooley,
Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox, Frazier,
Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell,
Gray, Grove, Hall, Harkey, Roger Hernández, Jones,
Jones-Sawyer, Levine, Linder, Logue, Lowenthal, Maienschein,
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Mansoor, Medina, Melendez, Mitchell, Morrell, Mullin,
Muratsuchi, Nazarian, Nestande, Olsen, Pan, Patterson, Perea,
V. Manuel Pérez, Quirk, Quirk-Silva, Rendon, Salas, Skinner,
Stone, Ting, Wagner, Waldron, Weber, Wieckowski, Wilk,
Williams, Yamada, John A. Pérez
NO VOTE RECORDED: Chesbro, Hagman, Holden, Vacancy
JG:d 8/20/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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