BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 1769| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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).) AB 1769 Page 2 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 AB 1769 Page 3 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 AB 1769 Page 4 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, AB 1769 Page 5 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 **** END ****