BILL NUMBER: AB 1769	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 28, 2016

INTRODUCED BY   Assembly Member Rodriguez

                        FEBRUARY 3, 2016

   An act to amend  Section   Sections 
653x  and 653y  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. 
   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.  
   This bill would expand those provisions to include making a
communication from an electronic communication device to commit the
offense. 
   By expanding the scope of  an existing crime, 
 existing crimes,  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   A  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.
   SEC. 2.    Section 653y of the   Penal Code
  is amended to read: 
   653y.  (a)  Any   A  person who
knowingly allows the use or who uses the 911  telephone
  emergency  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
 call   telephone call or the communication from
an electronic device  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
 telephone   emergency  system for, the
nonemergency 911  call.   telephone call or the
communication from an electronic device.  The law enforcement
agency may provide educational materials regarding the appropriate
use of the 911  telephone   emergency 
system.
   (2) For a second or subsequent violation, a citation may be issued
by the public safety entity originally receiving the  call
  telephone call or the communication from an elect
  ronic device  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
 emergency system  or  the  311 telephone system.
   SEC. 2.   SEC. 3.   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.