Amended in Senate April 16, 2013

Senate BillNo. 333


Introduced by Senator Lieu

February 19, 2013


An act to amend Section 148.3 of the Penal Code, relating to crimes.

LEGISLATIVE COUNSEL’S DIGEST

SB 333, as amended, 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.

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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.

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By increasing the penalty for an existing crime, this bill would impose a state-mandated local program.

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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.

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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.

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By expanding the scope of an existing crime, this bill would impose a state-mandated local program.

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The

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begin insertThisend insert bill wouldbegin delete alsoend delete provide that any person convicted of violating these provisionsbegin delete resultingend deletebegin insert, based upon a report that resultedend insert in an emergency response, would be liable to a public agency for the reasonable costs of the emergency response by the public agency.begin insert The bill would further provide that nothing in these provisions precludes punishment for the conduct prescribed by existing law, under any other law providing for greater punishment.end insert

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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.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: begin deleteyes end deletebegin insertnoend insert.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 148.3 of the Penal Code is amended to
2read:

3

148.3.  

(a) begin delete(1)end deletebegin deleteend deleteAny individual who reports, or causes any report
4to 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 delete of at least 120 days,
9butend delete
not exceeding one year, or by a fine not exceeding one thousand
10dollars ($1,000), or by both that imprisonment and fine.

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11(2) Any individual convicted of violating this section who is
12granted probation shall be confined in a county jail for at least 120
13days as a condition of probation. That minimum sentence shall be
P3    1imposed unless the court finds that it is in the interests of justice
2not to impose that sentence, and states on the record the reasons
3why justice would be served by not imposing that minimum jail
4sentence.

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5(b) Any individual who reports, or causes any report to be made,
6to any city, county, city and county, or state department, district,
7agency, division, commission, or board, that an “emergency” exists,
8begin deleteand end deletewho knows that the report is false,begin insert and who knows or should
9know that the response to the report is likely to cause death or
10great bodily injury, end insert
and great bodily injury or death is sustained
11by any person as a result of the false report, is guilty of a felony
12and upon conviction thereof shall be punishable by imprisonment
13pursuant to subdivision (h) of Section 1170, or by a fine of not
14more than ten thousand dollars ($10,000), or by both that
15imprisonment and fine.

16(c) “Emergency” as used in this section means any condition
17that results in, or could result in, the response of a public official
18in an authorized emergency vehicle, aircraft, or vessel, any
19condition that jeopardizes or could jeopardize public safety and
20results in, or could result in, the evacuation of any area, building,
21structure, vehicle, or of any other place that any individual may
22enter, or any situation that results in or could result in activation
23of the Emergency Alert System pursuant to Section 8594 of the
24Government Code. An activation or possible activation of the
25Emergency Alert System pursuant to Section 8594 of the
26Government Code shall not constitute an “emergency” for purposes
27of this section if it occurs as the result of a report made or caused
28to be made by a parent, guardian, or lawful custodian of a child
29that is based on a good faith belief that the child is missing.

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30(d) Nothing in this section precludes punishment for the conduct
31described in subdivision (a) or (b) under any other section of law
32providing for greater punishment for that conduct.

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33(d)

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34begin insert(e)end insert Any individual convicted of violating this section,begin delete resultingend delete
35begin insert based upon a report that resulted end insert in an emergency response, is
36liable to a public agency for the reasonable costs of the emergency
37response by the public agency.

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38

SEC. 2.  

No reimbursement is required by this act pursuant to
39Section 6 of Article XIII B of the California Constitution because
40the only costs that may be incurred by a local agency or school
P4    1district will be incurred because this act creates a new crime or
2infraction, eliminates a crime or infraction, or changes the penalty
3for a crime or infraction, within the meaning of Section 17556 of
4the Government Code, or changes the definition of a crime within
5the meaning of Section 6 of Article XIII B of the California
6Constitution.

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