BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 333|
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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
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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
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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
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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
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