Amended in Assembly March 28, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 1769

Introduced by Assembly Member Rodriguez

February 3, 2016

An act to amend begin delete Section end delete begin insert Sections end insert 653x begin insert and 653y end insert of the Penal Code, relating to crimes.

LEGISLATIVE COUNSEL’S DIGEST

AB 1769, as amended, 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.

begin insert

Existing law makes it an offense for a person to knowingly allow the use or to use the 911 emergency system for any reason other than because of an emergency, and makes the parent or legal guardian having custody and control of an unemancipated minor who commits that offense jointly and severally liable with the minor for the fine imposed as punishment for that offense.

end insert begin insert

This bill would expand those provisions to include making a communication from an electronic communication device to commit the offense.

end insert

By expanding the scope of begin delete an existing crime, end delete begin insert existing crimes, end insert 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)  begin delete Any end delete begin insert A end insert person who telephones or uses an electronic
communication device to initiate communication with the 911
emergency 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.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 653y of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

653y.  

(a)  begin delete Any end delete begin insert A end insert person who knowingly allows the use or who
uses the 911 begin delete telephone end delete begin insert emergency end insert system for any reason other
than because of an emergency is guilty of an infraction, punishable
as follows:

(1) For a first violation, a written warning shall be issued to the
violator by the public safety entity originally receiving the begin delete call end delete
begin insert telephone call or the communication from an electronic device end insert
describing the punishment for subsequent violations. The written
warning shall inform the recipient to notify the issuing agency that
the warning was issued inappropriately if the recipient did not
make, or knowingly allow the use of the 911 begin delete telephone end delete begin insert emergency end insert
system for, the nonemergency 911 begin delete call. end delete begin insert telephone call or the
communication from an electronic device. end insert The law enforcement
agency may provide educational materials regarding the appropriate
use of the 911 begin delete telephone end delete begin insert emergency end insert system.

(2) For a second or subsequent violation, a citation may be
issued by the public safety entity originally receiving the begin delete call end delete
begin insert telephone call or the communication from an electronic device end insert
pursuant to which the violator shall be subject to the following
penalties that may be reduced by a court upon consideration of the
violator’s ability to pay:

(A) For a second violation, a fine of fifty dollars ($50).

(B) For a third violation, a fine of one hundred dollars ($100).

(C) For a fourth or subsequent violation, a fine of two hundred
and fifty dollars ($250).

(b) The parent or legal guardian having custody and control of
an unemancipated minor who violates this section shall be jointly
and severally liable with the minor for the fine imposed pursuant
to this section.

(c) For purposes of this section, “emergency” means any
condition in which emergency services will result in the saving of
a life, a reduction in the destruction of property, quicker
apprehension of criminals, or assistance with potentially
life-threatening medical problems, a fire, a need for rescue, an
imminent potential crime, or a similar situation in which immediate
assistance is required.

(d) Notwithstanding subdivision (a), this section shall not apply
to a telephone corporation or any other entity for acts or omissions
relating to the routine maintenance, repair, or operation of the 911
begin insert emergency system end insert or begin insert the end insert 311 telephone system.

begin delete SEC. 2. end delete

begin insert SEC. 3. end insert   

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.