BILL ANALYSIS
AB 376
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Date of Hearing: March 29, 2005
Counsel: Steven Meinrath
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Mark Leno, Chair
AB 376 (Mountjoy) - As Amended: March 17, 2005
As Proposed to be Amended in Committee
SUMMARY : Provides that to report, or cause 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 which, as a result of the information, causes an
activation of the Emergency Alert System, knowing that the
report is false, is punishable by up to one year in the county
jail; a fine of up to $1,000; or both fine and imprisonment.
EXISTING LAW :
1)Provides that if an abduction has been reported to a law
enforcement agency and the agency determines that a child 17
years of age or younger, or an individual with a proven mental
or physical disability, has been abducted and is in imminent
danger of serious bodily injury or death, and there is
information available that, if disseminated to the general
public, could assist in the safe recovery of the victim, the
agency, shall, absent extenuating investigative needs, request
activation of the Emergency Alert System within the
appropriate local area. The California Highway Patrol, if
requested by a law enforcement agency, shall activate the
system. [Government Code Section 8594(a).]
2)States that any individual who reports, or causes any report
to be made, to a public agency, as specified, that an
"emergency" exists, knowing that the report is false, is
guilty of a misdemeanor and upon conviction thereof shall be
punishable by imprisonment in the county jail for a period not
exceeding one year; by a fine not exceeding $1,000; or by both
that imprisonment and fine. [Penal Code Section 148.3(a).]
3)Defines "emergency" as used above as any condition which
results in, or could result in, the response of a public
official in an emergency vehicle, or any condition which
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jeopardizes, or could jeopardize, public safety and results
in, or could result in, the evacuation of any area, building,
structure, vehicle, or of any other place which any individual
may enter. [Penal Code Section 148.3(c).]
4)Provides that every person who reports to any peace officer,
as specified, district attorney, or deputy district attorney
that a felony or misdemeanor has been committed, knowing the
report to be false, is guilty of a misdemeanor, punishable by
up to six months in county jail; a fine of $1,000; or both
fine and imprisonment. [Penal Code Section 148.5(a).]
5)Provides that every person who reports to any other peace
officer, as specified, that a felony or misdemeanor has been
committed, knowing the report to be false, is guilty of a
misdemeanor, punishable by up to six months in county jail; a
fine of $1,000; or both fine and imprisonment if: (a) the
false information is given while the peace officer is engaged
in the performance of his or her duties as a peace officer,
and (b) the person providing the false information knows or
should have known that the person receiving the information is
a peace officer. [Penal Code Section 148.5(b).]
6)States that every person who reports to any other employee
assigned to accept reports from citizens, either directly or
by telephone, and employed by a state or local agency, as
specified, that a felony or misdemeanor has been committed,
knowing the report to be false, is guilty of a misdemeanor,
punishable by up to six month in county jail; a fine of
$1,000; or both fine and imprisonment if: (a) the false
information is given while the employee is engaged in the
performance of his or her duties as an agency employee, and
(b) the person providing the false information knows or should
have known that the person receiving the information is an
agency employee engaged in the performance of the duties, as
specified. [Penal Code Section 148.5(c).]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "We cannot
afford to have a child's safety jeopardized by allowing the
public to become desensitized to Amber Alerts. We must have
penalties that make people think twice before 'crying wolf'.
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This bill will create a penalty for filing a false report with
the intent of activating the Amber Alert system. In addition
to current penalties for filing a false police report, this
bill would effectively double those penalties for filing a
false Amber Alert."
2)Fraudulent Abuse of the Amber Alert : Background materials
provided by the author lists several incidents since the
inception of the Emergency Alert System (Amber Alert)
involving persons intentionally making false reports of
abductions for the purpose of activating the Amber Alert
system. The effectiveness of the Amber Alert system depends,
to a large degree, on the public's confidence in the accuracy
of the system. False reports which activate the system could
erode that public confidence and, eventually, could reduce the
level of public assistance to law enforcement in response to
Amber Alerts.
3)Author's Amendments - Multiple Punishment for the Same Act :
The current language of this bill states that the penalty of
up to one year in county jail and a $1,000 fine is "[i]n
addition to any other punishment provided by law." A person
who makes a false report of an abduction would violate both
the new crime created by this bill as well as the existing
crime of filing a false police report, which carries a maximum
six month jail sentence. Under Penal Code Section 654, as
well as the California Rules of Court Rule 4.425, consecutive
sentences may not be imposed for a single act that violates
several statutes. This language would be inconsistent with
these sentencing provisions and the author has, therefore,
agreed to delete this provision by way of an author's
amendment taken in Committee. The proposed amendment is
attached.
REGISTERED SUPPORT/OPPOSITION :
Support
Peace Officers Research Association of California
Opposition
California Attorneys for Criminal Justice
AB 376
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Analysis Prepared by : Steven Meinrath / PUB. S. / (916)
319-3744