BILL ANALYSIS �
SB 333
Page 1
SENATE THIRD READING
SB 333 (Lieu)
As Amended August 12, 2013
Majority vote
SENATE VOTE : 35-0
PUBLIC SAFETY 7-0 APPROPRIATIONS 17-0
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|Ayes:|Ammiano, Melendez, |Ayes:|Gatto, Harkey, Bigelow, |
| |Jones-Sawyer, Mitchell, | |Bocanegra, Bradford, Ian |
| |Quirk, Skinner, Waldron | |Calderon, Campos, |
| | | |Donnelly, Eggman, Gomez, |
| | | |Hall, Holden, Linder, |
| | | |Pan, Quirk, Wagner, Weber |
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SUMMARY : Makes a person convicted of filing a false emergency
report liable for the costs of the emergency response.
Specifically, this bill :
1)Specifies that any person convicted of filing a false
emergency report is liable to a public agency for the
reasonable costs of the emergency response by that agency.
2)Specifies that nothing in these provisions precludes
punishment under any other provision of law which provides for
greater punishment.
EXISTING LAW :
1)Provides that it is a misdemeanor to knowingly report a false
emergency, but that this conduct is a felony if the offense
results in great bodily injury or death.
2)Makes it a misdemeanor to telephone the 911 emergency line
with the intent to annoy or harass another person. Punishment
is by a fine of not more than $1,000; by imprisonment in a
county jail for not more than six months; or by both the fine
and imprisonment. Specifies that intent to annoy or harass is
established by proof of repeated calls over a period of time,
however short, that are unreasonable under the circumstances.
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3)Imposes liability for all reasonable costs incurred by any
unnecessary emergency response when a person is convicted of
use of the 911 emergency line with intent to harass.
4)States any person who knowingly allows the use or who uses the
911 telephone system for any reason other than because of an
emergency, as specified, is guilty of an infraction.
5)Expresses the unequivocal intent of the people of the State of
California that all persons who suffer losses as a result of
criminal activity shall have the right to restitution from the
persons convicted of the crimes for losses they suffer.
Restitution shall be ordered from the convicted persons in
every case, regardless of the sentence or disposition imposed,
in which a crime victim suffers a loss, unless compelling and
extraordinary reasons exist to the contrary.
6)Requires full victim restitution for economic losses
determined by the court.
7)Defines a "victim" for purposes of restitution, as including
any corporation, business trust, estate, trust, partnership,
association, joint venture, government, governmental
subdivision, agency, or instrumentality, or any other legal or
commercial entity when that entity is a direct victim of a
crime.
8)Requires the sentencing court to consider in probation cases
whether the defendant shall make restitution to a public
agency for the costs of an emergency response as a condition
of probation.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, negligible costs and/or savings. Current law already
establishes financial liability.
COMMENTS : According to the author, "False emergency 911 calls
have become increasingly common in the past few months as they
involve entertainers, celebrities and other public officials.
Celebrities get the public's attention but they are not the only
ones who have been targeted; the U.S. Coast Guard, many private
individuals, and local law enforcement officials have also
fallen victim to the swatting hoax.
"Swatting not only stretches our local emergency response
SB 333
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capacity but also endangers victims by placing them in potential
confrontation with police. Several officers have already been
injured responding to swatting incidents.
"Swatting also is a costly waste of precious law enforcement
resources. Law enforcement takes every emergency reported and
uses its resources to maximize public safety. But at the 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."
Celebrity "Swatting" : According to a recent CNN report,
"swatting" is essentially a prank call which "earned the
nickname 'swatting' because law enforcement agencies sometimes
would send SWAT teams to respond to the false emergencies."
These "pranks have sent police rushing with guns drawn to a
growing A-list [sic] of celebrity homes in recent weeks."
(.)
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Sandy Uribe / PUB. S. / (916) 319-3744
FN: 0001614