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.
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 provide that any person convicted of violating these provisions, based upon a report that resulted in an emergency response, would be liable to a public agency for the reasonable costs of the emergency response by the public agency. The bill would further provide that nothing in these provisions precludes punishment for the conduct prescribed by existing lawbegin delete,end delete under any other law providing for greater punishment.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 148.3 of the Penal Code is amended to
2read:
(a) Any 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 period not exceeding one
9year, or by a fine not exceeding one thousand dollars ($1,000), or
10by both that imprisonment and fine.
11(b) Any individual who reports, or causes any report to be made,
12to any city, county, city and county, or state department, district,
13agency, division, commission, or board, that an “emergency” exists,
14who knows that
the report is false, and who knows or should know
15that the response to the report is likely to cause death or great
16bodily injury, and great bodily injury or death is sustained by any
17person as a result of the false report, is guilty of a felony and upon
18conviction thereof shall be punishable by imprisonment pursuant
19to subdivision (h) of Section 1170, or by a fine of not more than
20ten thousand dollars ($10,000), or by both that imprisonment and
21fine.
22(c) “Emergency” as used in this section means any condition
23that results in, or could result in, the response of a public official
24in an authorized emergency vehicle, aircraft, or vessel, any
25condition that jeopardizes or could jeopardize public safety and
26results in, or could result in, the evacuation of any area, building,
27structure, vehicle, or of any other place that any individual may
28enter,
or any situation that results in or could result in activation
29of the Emergency Alert System pursuant to Section 8594 of the
30Government Code. An activation or possible activation of the
31Emergency Alert System pursuant to Section 8594 of the
32Government Code shall not constitute an “emergency” for purposes
P3 1of this section if it occurs as the result of a report made or caused
2to be made by a parent, guardian, or lawful custodian of a child
3that is based on a good faith belief that the child is missing.
4(d) Nothing in this section precludes punishment for the conduct
5described in subdivision (a) or (b) under any other section of law
6providing for greater punishment for that conduct.
7(e) Any individual convicted of violating this section, based
8upon a report that resulted in an emergency
response, is liable to
9a public agency for the reasonable costs of the emergency response
10bybegin delete theend deletebegin insert thatend insert public agency.
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