AB 1769, as introduced, Rodriguez. 911 emergency system: nuisance communications.
Existing law makes it an offense for a person to telephone the 911 emergency system with the intent to annoy or harass another person, and makes the offender liable for all reasonable costs incurred by any unnecessary emergency response.
This bill would expand those provisions to include communicating with the 911 emergency system using an electronic communication device for those purposes.
By expanding the scope of an existing crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 653x of the Penal Code is amended to
2read:
(a) Any person who telephonesbegin insert or uses an electronic
4communication device to initiate communication withend insert the 911
5emergencybegin delete lineend deletebegin insert systemend insert with the intent to annoy or harass another
6person is guilty of a misdemeanor punishable by a fine of not more
7than one thousand dollars ($1,000), by imprisonment in a county
8jail for not more than six months, or by both the fine and
9imprisonment. Nothing in this section shall apply to telephone
10callsbegin insert
or communications using electronic devicesend insert made in good
11faith.
12(b) An intent to annoy or harass is established by proof of
13repeated callsbegin insert or communicationsend insert over a period of time, however
14short, that are unreasonable under the circumstances.
15(c) Upon conviction of a violation of this section, a person also
16shall be liable for all reasonable costs incurred by any unnecessary
17emergency response.
No reimbursement is required by this act pursuant to
19Section 6 of Article XIII B of the California Constitution because
20the only costs that may be incurred by a local agency or school
21district will be incurred because this act creates a new crime or
22infraction, eliminates a crime or infraction, or changes the penalty
23for a crime or infraction, within the meaning of Section 17556 of
24the Government Code, or changes the definition of a crime within
25the meaning of Section 6 of Article XIII B of the California
26Constitution.
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