BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 333| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: SB 333 Author: Lieu (D) Amended: 4/16/13 Vote: 21 SENATE PUBLIC SAFETY COMMITTEE : 7-0, 4/9/13 AYES: Hancock, Anderson, Block, De León, Knight, Liu, Steinberg SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8 SUBJECT : Crimes: emergencies: false reporting SOURCE : Los Angeles County Sheriffs Department DIGEST : This bill provides that any individual convicted of filing a false emergency report is liable to a public agency for the reasonable cost of the emergency response by the public agency. 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 false, is guilty of a misdemeanor punishable by imprisonment CONTINUED SB 333 Page 2 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 any "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. This bill: 1. Provides that any individual convicted, resulting in an emergency response, is liable to a public agency for the reasonable costs of the emergency response by the public agency. 2. Provides that nothing in these provisions precludes punishment for the conduct prescribed by existing law, under any other law providing for greater punishment. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No SUPPORT : (Verified 4/30/13) Los Angeles County Sheriff's Department (source) California Police Chiefs Association California State Sheriffs' Association CONTINUED SB 333 Page 3 OPPOSITION : (Verified 4/30/13) California Attorneys for Criminal Justice ARGUMENTS IN SUPPORT : According to the author's office, "Swatting" recently has grown to near-epidemic proportions in California-particularly throughout Los Angeles County. Swatting is when an individual makes prank calls and/or false reports of violent crimes to law enforcement in an attempt to solicit a tactical police response that often includes a SWAT team (thus the term "swatting"). Swatting incidents have already resulted in injuries for several responding officers, and many law enforcement officials fear that it is only a matter of time before events take a deadly turn. Los Angeles Police Chief Charlie Beck acknowledged in the Los Angeles Times that swatting has stretched the Los Angeles Police Department's emergency response capacity while also endangering victims by placing them in potential confrontation with police. Swatting not only is an inconvenience to the victims but also a costly waste of precious law enforcement resources. Law enforcement takes every emergency reported and uses its resources to maximize public safety. But at a time a false report is given, law enforcement is unaware that it is a hoax-until they get to the scene of the alleged crime. Given recent tragedies involving gun violence nationwide, pranks that divert public safety resources are far from harmless, and, in fact, are the last thing needed; they must be deterred. This bill seeks to create a greater deterrent and provide law enforcement with the ability to help recoup expenses within the criminal case, which reportedly can run as high as $10,000 per incident. ARGUMENTS IN OPPOSITION : California Attorneys for Criminal Justice writes: This legislation is simply unnecessary, as existing law more than adequately addresses this type of behavior, and already provides an effective method of obtaining restitution for the CONTINUED SB 333 Page 4 actual cost of unnecessary emergency response. It is also contrary to all settled principals of intent and knowledge contained in our system of criminal justice. ? SB 333 would add subsection (e) to Section 148.3 providing for restitution for the reasonable cost of the response to a false report of an emergency. Please note that Section 653x(c), which can also be charged alternatively in almost any case involving the false report of an emergency, currently provides for full restitution if there is an actual emergency response. Be that as it may, this type of restitution provision is totally unnecessary in any Penal Code section. Ample case law exists that states that persons who commit crimes are financially liable for all of the reasonable and natural damages suffered by any victim as the result of that criminal conduct. Subsection (d) adds nothing to current law. JG:k 5/1/13 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED