BILL ANALYSIS
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Elaine K. Alquist, Chair A
2005-2006 Regular Session B
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AB 376 (Mountjoy)
As Amended April 11, 2005
Hearing date: June 7, 2005
Penal Code
AA:br
AMBER ALERT :
PENALTIES FOR FALSE REPORTS
HISTORY
Source: Author
Prior Legislation: None
Support: California Peace Officers' Association; California
District Attorneys Association; Peace Officers Research
Association of California; Los Angeles County Sheriff's
Department; Office of the San Bernardino County
Sheriff; California Organization of Police and
Sheriffs; County of San Diego; California State
Sheriffs' Association; Los Angeles District Attorney's
Office
Opposition:None known
Assembly Floor Vote: Ayes 77 - Noes 0
KEY ISSUE
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AB 376 (Mountjoy)
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SHOULD A NEW MISDEMEANOR BE ENACTED FOR THE INTENTIONAL
REPORTING OF A FALSE REPORT TO ACTIVATE THE "AMBER ALERT"
EMERGENCY ALERT SYSTEM, PUNISHABLE BY UP TO ONE YEAR IN JAIL, A
FINE OF UP TO $1000, OR BOTH, AS SPECIFIED?
PURPOSE
The purpose of this bill is to enact a new misdemeanor for the
intentional reporting of a false report to activate the "Amber
Alert" Emergency Alert System, as specified, punishable by up to
one year in the county jail, a fine of up to $1,000, or both
fine and imprisonment.
Current law 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 8594(a).)
Current law provides 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 148.3(a).)
Current law 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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AB 376 (Mountjoy)
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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 148.3(c).)
Current law 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 148.5(a).)
Current law 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 148.5(b).)
Current law 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 148.5(c).)
This bill would enact a new crime providing that any "person who
reports, or causes a report to be made to a law enforcement
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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"
$1,000, imprisonment in a county jail for a period not exceeding
one year, or by both that fine and imprisonment."
COMMENTS
1. Stated Need for This Bill
The author states:
Existing law treats a false report that causes a
false Amber Alert in the same manner as any other
false police report. The uniqueness and
importance of the Amber Alert should require a
stiffer penalty in order to dissuade such false
reports that could weaken the public's faith in
Amber Alerts. 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."
2. What This Bill Would Do; Current Law
This bill would enact a new crime to punish the intentional
reporting of a false report to activate the "Amber Alert"
Emergency Alert System, as specified. The new crime would be a
misdemeanor, punishable by up to one year in the county jail; a
fine of up to $1,000; or both fine and imprisonment. The
specific elements of the crime would be:
report, or cause a report to be made, to a law
enforcement agency 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
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imminent danger of serious bodily injury or death;
intent to activate the Emergency Alert System, or,
as a result of the information, cause an activation
of the Emergency Alert System; and
know the report is false.
As noted above, the penalty under current law for making a false
report to law enforcement is a misdemeanor, punishable by up to
six months in county jail, a fine of $1,000; or both fine and
imprisonment. This bill would impose a jail term of up to one
year for making a false "Amber Alert" report. The following
chart depicts existing penalties for false reports and alarms:
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| FALSE REPORT | PENALTY |
|--------------------------------+--------------------------------|
|False report of an emergency to |Misdemeanor; jail up to 1 year, |
|a governmental agency |fine up to $1000, or both. |
|--------------------------------+--------------------------------|
|False report of an emergency to |Felony, prison (16 months, 2 or |
|a governmental agency causing |3 years), fine up to $10,000, |
|great bodily injury or death |or both. |
|--------------------------------+--------------------------------|
|False police report |Misdemeanor, jail up to 6 |
| |months, fine up to $1000, or |
| |both. |
|--------------------------------+--------------------------------|
|False fire alarm |Misdemeanor, jail up to 1 year, |
| |fine up to $1000, or both. |
|--------------------------------+--------------------------------|
|False fire alarm causing great |Felony, prison (16 months, 2 or |
|bodily injury or death |3 years), fine from $500 - |
| |$10,000), or both. |
|--------------------------------+--------------------------------|
|This bill: false report to |Misdemeanor; jail up to 1 year, |
|activate, or resulting in |fine up to $1000, or both. |
|activation of, "Amber Alert" | |
| | |
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3. Fraudulent Abuse of the Amber Alert System
According to the analysis prepared by the Assembly Committee on
Public Safety, the author submitted 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."
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In his letter of support for this measure, Sheriff Baca from Los
Angeles County provides an example of a woman who reported that
her daughter had been kidnapped at gunpoint.
Due to the information provided, an Amber Alert
was immediately issued and a command post was
established involving approximately thirty
detectives to begin an exhaustive investigation
into the alleged crime.
The alleged victim was eventually located and
interviewed. . . . (I)t was determined the
alleged victim's mother made up the kidnapping at
gunpoint incident because she did not believe
members of the Sheriff's Department would actively
look for her runaway daughter. During the course
of the investigation, the Department expended in
excess of $23,000 in overtime.
SHOULD A PARENT WHO FABRICATES THE CIRCUMSTANCES OF THEIR
CHILD'S DISAPPEARANCE TO TRIGGER AN "AMBER ALERT" BE SUBJECT TO
THE PENALTIES PROPOSED BY THIS BILL?
SHOULD THE MISDEMEANOR PENALTY FOR A FALSE AMBER ALERT REPORT BE
HIGHER THAN THE PENALTY FOR OTHER FALSE POLICE REPORTS?
DOES THE UNIQUE NATURE OF THE AMBER ALERT SYSTEM - WHICH UNLIKE
POLICE REPORTS IS DESIGNED TO NOTIFY THE PUBLIC WHEN AN
ABDUCTION IS BELIEVED TO HAVE OCCURRED - WARRANT A HIGHER
PENALTY FOR MISUSE THAN MAKING A FALSE POLICE REPORT?
WOULD AN INCREASED FINE, RATHER THAN AN INCREASED JAIL TERM, BE
A BETTER SANCTION FOR MISUSING AMBER ALERT?
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