BILL ANALYSIS                                                                                                                                                                                                    Ó




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                                      CONSENT 


          Bill No:  AB 1769
          Author:   Rodriguez (D) 
          Amended:  3/28/16 in Assembly
          Vote:     21 

           SENATE PUBLIC SAFETY COMMITTEE:  7-0, 6/14/16
           AYES:  Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone

           SENATE APPROPRIATIONS COMMITTEE:  Senate Rule 28.8

           ASSEMBLY FLOOR:  79-0, 4/21/16 (Consent) - See last page for  
            vote

           SUBJECT:   911 emergency system:  nuisance communications


          SOURCE:    Author


          DIGEST:  This bill expands existing law, which makes a "nuisance  
          call" to the 911 system a misdemeanor, subject to specific  
          fines, by making the same prohibitions and penalties applicable  
          to other electronic communication devices.
          
          ANALYSIS:  

          Existing law:

          1)Prohibits the use of a telephone for the purpose of annoying  
            or harassing an individual through the 911 line. (Pen. Code §  
            653x(a).)

          2)States that the intent to annoy or harass is established by  
            proof of repeated calls that are unreasonable under the  
            circumstances. (Pen. Code § 653x(b).)








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          3)States that anyone guilty of using the 911 line to annoy or  
            harass is responsible for all reasonable costs incurred by the  
            unnecessary emergency response. (Pen. Code § 653x(c).)

          4)States that anyone who knowingly uses the 911 telephone system  
            for any reason other than because of an emergency is guilty of  
            an infraction, punishable by a warning for a first offense,  
            and fines for subsequent offenses. (Pen. Code § 653y)

          This bill: 

          1)Prohibits the use of electronic communications for the purpose  
            of annoying or harassing an individual through the 911 system.

          2)States that the intent to annoy or harass is established by  
            proof of repeated communications that are unreasonable under  
            the circumstances.

          3)States that anyone who knowingly contacts the 911 system via  
            electronic communication for any reason other than an  
            emergency is guilty of an infraction.

          Background

          The Warren 911 Emergency Assistance Act established the original  
          911 line in California as part of a national push to make 911  
          the primary contact number for emergencies nationwide.  The  
          Local Emergency Telephone Systems Article required localities to  
          develop their own system or join a regional system for police,  
          fire and medical emergency dispatch using the 911 phone number  
          rather than the thousands of separate emergency numbers for each  
          local department which previously existed.  The regional  
          dispatchers who connect 911 callers to the appropriate emergency  
          response entity are called Public Safety Answering Points  
          (PSAPs).  Currently, there are 452 PSAPs statewide receiving  
          tens of millions of calls each year, with approximately half of  
          these coming from cell phones.  The volume of calls and the  
          difficulty in locating cell phone callers, among other issues,  
          precipitated the need for an upgrade to the 911 system.
            
          The Office of Emergency Services (OES) is responsible for  








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          planning, implementing and upgrading the 911 system statewide.   
          Through the California 911 Emergency Communications Branch of  
          the Logistics Operation Directorate, OES has begun the process  
          of upgrading the 911 system as required under the Government  
          Code.  The IP based network of NextGen911 (NG911) will allow for  
          capabilities such as location based routing, policy based  
          routing and dynamic call routing between PSAPs. Additionally,  
          applications like text, video and photos along with continual  
          advancements in communications technology create the desire for  
          a more advanced system to access emergency care.  Currently,  
          there are five NG911 pilot programs in the state.  As these  
          expand, the volume of text and other electronic communications  
          to the 911system will increase.

          The Penal Code provisions amended by this bill deter frivolous  
          or harassing calls which can clog the 911 system.  The National  
          Emergency Number Association 911 dispatchers' goal of answering  
          90% of calls in 10 seconds or less were not met in many  
          California counties due to high volume of calls.  Frivolous  
          calls, non-emergency calls or prank calls that include  
          'swatting' and other harassment consume dispatchers' time and  
          prevent them from helping individuals in actual emergencies.   
          The Penal Code attempts to deter frivolous, harassing or  
          otherwise inappropriate non-emergency calls by imposing a  
          schedule of warnings and fines in the case of frivolous and  
          non-emergency calls, or fines and jail time for use of the 911  
          system to annoy or harass dispatchers.  However, both of these  
          Code Sections prohibit only telephone calls and not the other  
          electronic communications methods enabled by NG911 systems.   
          This bill prohibits those electronic communications.


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   Yes


          SUPPORT:   (Verified  6/27/16)


          Association for Los Angeles Deputy Sheriffs
          California Association of Code Enforcement Officers
          California College and University Police Chiefs Association








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          California Fire Chiefs Association
          California Narcotic Officers Association
          California Peace Officers' Association
          California Police Chiefs Association, Inc.
          California State Sheriffs' Association
          City of Ontario
          Fire Districts Association of California
          Los Angeles Police Protective League
          Los Angeles County Professional Peace Officers Association
          Office of the Los Angeles Sheriff
          Professional Peace Officers Association
          Riverside Sheriffs' Association
          San Diego County Sheriff's Department


          OPPOSITION:   (Verified6/27/16)


          None received


          ARGUMENTS IN SUPPORT:     According to the California Police  
          Chiefs Association Inc., "Current law only addresses nuisance  
          9-1-1 phone calls. AB 1769 amends Penal Code (PC) Section 653x  
          to include nuisance texting. It is imperative that the Penal  
          Code reflect the new option to text 9-1-1 as agencies continue  
          to implement NextGen 9-1-1, which allows for digital information  
          to flow form the public, through the 9-1-1 networks, and on to  
          emergency responders."




          ASSEMBLY FLOOR:  79-0, 4/21/16
          AYES:  Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,  
            Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke,  
            Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley,  
            Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth  
            Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto,  
            Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper,  
            Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim,  
            Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis,  








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            Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte,  
            O'Donnell, Olsen, Patterson, Quirk, Rodriguez, Salas,  
            Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner,  
            Waldron, Weber, Wilk, Williams, Wood, Rendon
          NO VOTE RECORDED:  Ridley-Thomas


          Prepared by:Molly Lao / PUB. S. / 
          6/29/16 15:50:39


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