BILL NUMBER: AB 1769	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Rodriguez

                        FEBRUARY 3, 2016

   An act to amend Section 653x of the Penal Code, relating to
crimes.



	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 653x of the Penal Code is amended to read:
   653x.  (a) Any person who telephones  or uses an electronic
communication device to initiate communication with  the 911
emergency  line   system  with the intent
to annoy or harass another person is guilty of a misdemeanor
punishable by a fine of not more than one thousand dollars ($1,000),
by imprisonment in a county jail for not more than six months, or by
both the fine and imprisonment. Nothing in this section shall apply
to telephone calls  or communications using electronic devices
 made in good faith.
   (b) An intent to annoy or harass is established by proof of
repeated calls  or communications  over a period of time,
however short, that are unreasonable under the circumstances.
   (c) Upon conviction of a violation of this section, a person also
shall be liable for all reasonable costs incurred by any unnecessary
emergency response.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.