SB 333, as introduced, Lieu. Crimes: emergencies: false reporting.
Existing law 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 false, is guilty of a misdemeanor and upon conviction is punishable by imprisonment in a county jail for a period not exceeding one year, or by a fine not exceeding $1,000, or by both that imprisonment and fine.
This bill would, for the misdemeanor provision described above, require the individual to serve at least 120 days in county jail, but not more than one year. The bill would also provide that any person convicted of that offense who is granted probation shall be confined in a county jail for at least 120 days as a condition of probation, unless the court finds that it is in the interests of justice not to impose that sentence, and states on the record the reasons why justice would be served by not imposing that minimum jail sentence.
By increasing the penalty for an existing crime, this bill would impose a state-mandated local program.
Existing law 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 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, as specified.
This bill would delete the requirement that the person knows or should know that the response to the report is likely to cause death or great bodily injury.
By expanding the scope of an existing crime, this bill would impose a state-mandated local program.
The bill would also provide that any person convicted of violating these provisions resulting in an emergency response, would be liable to a public agency for the reasonable costs of the emergency response by the public agency.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 148.3 of the Penal Code is amended to
2read:
(a) begin insert(1)end insertbegin insert end insert Any individual who reports, or causes any
4report to be made, to any city, county, city and county, or state
5department, district, agency, division, commission, or board, that
6an “emergency” exists, knowing that the report is false, is guilty
7of a misdemeanor and upon conviction thereof shall be punishable
8by imprisonment in a county jail for a periodbegin insert of at least 120 days,
9butend insert not exceeding one year, or by a fine not exceeding one thousand
10dollars ($1,000), or by both that
imprisonment and fine.
11(2) Any individual convicted of violating this section who is
12granted probation shall be confined in a county jail for at least
13120 days as a condition of probation. That minimum sentence shall
14be imposed unless the court finds that it is in the interests of justice
15not to impose that sentence, and states on the record the reasons
16why justice would be served by not imposing that minimum jail
17sentence.
18(b) Any individual who reports, or causes any report to be made,
19to any city, county, city and county, or state department, district,
P3 1agency, division, commission, or board, that an “emergency” exists,
2and who knows that the report is false,begin delete and who knows or should
and great bodily injury or death is sustained
3know that the response to the report is likely to cause death or
4great bodily injury,end delete
5by any person as a result of the false report, is guilty of a felony
6and upon conviction thereof shall be punishable by imprisonment
7pursuant to subdivision (h) of Section 1170, or by a fine of not
8more than ten thousand dollars ($10,000), or by both that
9imprisonment and fine.
10(c) “Emergency” as used in this section means any condition
11that results in, or could result in, the response of a public official
12in an authorized emergency vehicle, aircraft, or vessel, any
13condition that jeopardizes or could jeopardize public safety and
14results in, or could result in, the evacuation of any area, building,
15structure, vehicle, or of any other place that any individual may
16enter, or any situation that results in or could result in activation
17of the Emergency Alert System pursuant to Section 8594 of the
18Government Code. An activation or possible activation of the
19Emergency Alert System pursuant to Section 8594
of the
20Government Code shall not constitute an “emergency” for purposes
21of this section if it occurs as the result of a report made or caused
22to be made by a parent, guardian, or lawful custodian of a child
23that is based on a good faith belief that the child is missing.
24(d) Any individual convicted of violating this section, resulting
25in an emergency response, is liable to a public agency for the
26reasonable costs of the emergency response by the public agency.
No reimbursement is required by this act pursuant to
28Section 6 of Article XIII B of the California Constitution because
29the only costs that may be incurred by a local agency or school
30district will be incurred because this act creates a new crime or
31infraction, eliminates a crime or infraction, or changes the penalty
32for a crime or infraction, within the meaning of Section 17556 of
33the Government Code, or changes the definition of a crime within
34the meaning of Section 6 of Article XIII B of the California
35Constitution.
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