BILL NUMBER: AB 376	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 11, 2005
	AMENDED IN ASSEMBLY  MARCH 17, 2005

INTRODUCED BY   Assembly Member Mountjoy
    (Coauthor: Assembly Member   Cohn  )

                        FEBRUARY 11, 2005

   An act to add Section 148.8 to the Penal Code, relating to false
reports.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 376, as amended, Mountjoy.  Amber alerts.
   Existing law requires the activation of the Emergency Alert System
if an abduction has been reported to law enforcement that a child 17
years of age or younger or a person with a physical or mental
disability has been abducted and it is determined that he or she is
in imminent danger of serious bodily injury or death, as specified.
Existing law also provides that any individual who reports to a peace
officer or district attorney that a felony or misdemeanor has been
committed knowing that report is false is punishable by a fine not
exceeding $1,000, imprisonment in a county jail, or by both that
imprisonment and fine.
   This bill would provide that any person who reports to a law
enforcement agency that an abduction has occurred, with the intent to
activate the Emergency Alert System, or as a result of the
information, causes an activation of the Emergency Alert System,
knowing that the report is false, is punishable by a fine not
exceeding $1,000, imprisonment in a county jail, or by both that
imprisonment and fine.
   Because this bill would create a new crime, 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 148.8 is added to the  Penal Code , to read:
   148.8.   In addition to any other punishment provided by
law, any   Any  person who reports, or causes a
report to be made to a law enforcement agency that an abduction has
occurred, with the intent to activate the Emergency Alert System, or
as a result of the information, causes an activation of the Emergency
Alert System pursuant to Section 8594 of the Government Code,
knowing that the report is false, is punishable by a fine not
exceeding one thousand dollars ($1,000), imprisonment in a county
jail for a period not exceeding one year, or by both that fine and
imprisonment.
  SEC. 2.
  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.