BILL NUMBER: AB 1769	CHAPTERED
	BILL TEXT

	CHAPTER  96
	FILED WITH SECRETARY OF STATE  JULY 25, 2016
	APPROVED BY GOVERNOR  JULY 25, 2016
	PASSED THE SENATE  JUNE 30, 2016
	PASSED THE ASSEMBLY  APRIL 21, 2016
	AMENDED IN ASSEMBLY  MARCH 28, 2016

INTRODUCED BY   Assembly Member Rodriguez

                        FEBRUARY 3, 2016

   An act to amend Sections 653x and 653y of the Penal Code, relating
to crimes.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1769, 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 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.


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) 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) A person who knowingly allows the use or who uses the
911 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
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 emergency system for, the
nonemergency 911 telephone call or the communication from an
electronic device. The law enforcement agency may provide educational
materials regarding the appropriate use of the 911 emergency system.

   (2) For a second or subsequent violation, a citation may be issued
by the public safety entity originally receiving the telephone call
or the communication from an electronic 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. 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.