BILL ANALYSIS
AB 538
Page 1
GOVERNOR'S VETO
AB 538 (Arambula)
As Amended June 10, 2009
2/3 vote
PUBLIC SAFETY 7-0 APPROPRIATIONS 16-0
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|Ayes:|Solorio, Hagman, |Ayes:|De Leon, Nielsen, |
| |Furutani, Gilmore, Hill, | |Ammiano, |
| |Ma, Skinner | |Charles Calderon, Davis, |
| | | |Duvall, Fuentes, Hall, |
| | | |Harkey, Miller, |
| | | |John A. Perez, Price, |
| | | |Skinner, Solorio, Audra |
| | | |Strickland, Torlakson |
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|ASSEMBLY: |72-0 |(July 16, 2009) |SENATE: |34-0 |(July 9, 2009) |
| | | | | | |
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SUMMARY : Authorizes agencies that provide emergency medical
services to report misuse of the 911 system to the public safety
entity that originally received the call. Specifically, this
bill :
1)Permits emergency medical services providers to report
intentional, non-emergency use of the 911 telephone service to
the public safety entity that originally received the call.
2)Provides that if the public safety entity that received the
call verified that a violation has occurred it shall issue
warnings and citations, as specified.
The Senate amendments make a technical clarification.
AB 538
Page 2
EXISTING LAW :
1)States any person who knowingly allows the use or who uses the
911 telephone system for any reason other than because of an
emergency is guilty of an infraction, for a first or second
violation, a written warning shall be issued to the violator
by the public safety entity originally receiving the call
describing the punishment for subsequent violations. The
written warning shall inform the recipient to notify the
issuing agency that the warning was issued inappropriately if
the recipient did not make, or knowingly allowed, the use of
the 911 telephone system for the non-emergency 911 call. The
law enforcement agency may provide educational materials
regarding the appropriate use of the 911 telephone system.
2)Provides for a third or subsequent infraction, a citation may
be issued by the public safety entity originally receiving the
call pursuant to which the violator shall be subject to the
following penalties that may be reduced by a court upon
consideration of the violator's ability to pay:
a) For a third violation, a fine of $50;
b) For a fourth violation, a fine of $100; and,
c) For a fifth or subsequent violation, a fine of $200.
3)Provides that it is a misdemeanor to telephone the 911
emergency line with the intent to annoy or harass another
person, punishable by a fine of not more than $1,000; by
imprisonment in a county jail for not more than six months; or
by both the fine and imprisonment. Specifies that intent to
annoy or harass is established by proof of repeated calls over
a period of time, however short, that are unreasonable under
the circumstances.
4)Provides that it is a misdemeanor to knowingly report a false
emergency. Provides that it is a felony if this offense
results in great bodily injury or death.
AB 538
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AS PASSED BY THE ASSEMBLY, this bill authorized agencies that
provide emergency medical services to report misuse of the 911
system to the public safety agency that originally received the
call. Specifically, this bill :
1)Permitted emergency medical services providers to report
intentional, non-emergency use of the 911 telephone service to
the public safety entity that originally received the call.
2)Provided that the public safety that received the call shall
verify that a violation has occurred.
3)Provided that the public safety that received the call shall
issue warnings and citations consistent with Penal Code
Section 653y (a) (1) and (2).
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : According to the author, "This bill is intended to
address the problem of individuals who call 911 to arrange for
emergency medical transportation, knowing that they do not have
a medical emergency.
"Existing law addresses the problem of people who call 911 as a
prank, to harass, or to make conversation unrelated to any
emergency. However, the law is somewhat vague in dealing with
individuals who claim they are having an emergency primarily to
use the dispatched emergency transportation as a taxi service."
Please see the policy committee for a full discussion of this
bill.
GOVERNOR'S VETO MESSAGE :
"The California Constitution requires the state to reimburse
local entities for increased costs associated with any new
program or higher level of service imposed by the state on local
entities if the Commission on State Mandates determines that the
new program or higher level of service is reimbursable and a
AB 538
Page 4
state mandate. This bill could result in a state-reimbursable
mandate by requiring local public safety entities to verify
violations and issue citations and warnings. In addition, this
bill would also impose new unfunded costs on the California
Highway Patrol and could result in redirection of resources from
other high priority law enforcement activities."
Analysis Prepared by: Kathleen Ragan / PUB. S. / (916)
319-3744
FN: 0002162