BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  SB 333
                                                                  Page  1

          Date of Hearing:   July 3, 2013

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                     SB 333 (Lieu) - As Amended:  April 16, 2013 

          Policy Committee:                             Public Safety  
          Vote:        7-0                              

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:               

           SUMMARY  

          This bill makes a person convicted of filing a false emergency  
          report liable for the costs of the emergency response.  

           FISCAL EFFECT  

          Negligible costs and/or savings. Current law already establishes  
          financial liability.

           COMMENTS  

           1)Rationale  .  The author references the recent rash of false  
            emergency 911 calls (swatting) targeting celebrities that  
            require law enforcement response, and contends this bill will  
            serve as a deterrent. 

           2)Current law  includes several sections addressing prank  
            emergency calls. PC Sec 653x makes 911 emergency calls  
            intended to annoy or harass a misdemeanor, punishable by up to  
            six months in county jail and/or a fine of up to $1,000. It  
            also establishes financial liability. PC Sec 148.3 makes it a  
            misdemeanor, punishable by up to one year in county jail  
            and/or a fine of up to $1,000, to report a false emergency. If  
            great bodily injury or death results, the offense is  
            punishable by 16 months, two, or three years in county jail,  
            and/or a fine of up to $10,000.

           3)Proponents  , primarily law enforcement, support any effort to  
            recoup the expenses associated with swatting.

           4)Opposition  . The California Attorneys for Criminal Justice  








                                                                  SB 333
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            contend this bill is unnecessary, as existing law adequately  
            addresses this type of behavior. "?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 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."

           5)Related legislation  , AB 47 (Gatto), pending in the Senate,  
            increases penalties for swatting. 

               Analysis Prepared by  :    Geoff Long / APPR. / (916) 319-2081