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AB-2741 Crimes: 911 calls with intent to annoy or harass.(1993-1994)

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Assembly Bill No. 2741
CHAPTER 262

An act to add Section 653l to the Penal Code, relating to crimes.

[ Filed with Secretary of State  July 21, 1994. Approved by Governor  July 20, 1994. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 2741, Cannella. Crimes: 911 calls with intent to annoy or harass.
Existing law provides that it is a misdemeanor to telephone another person with the intent to annoy by addressing to or about the other person any obscene language or threat of injury, or by making repeated telephone calls at the other person’s residence or place of business.
This bill would additionally provide that it is a misdemeanor to telephone the 911 emergency line with the intent to annoy or harass another person, as defined, punishable by a fine of not more than $1,000, by imprisonment in a county jail for not more than 6 months, or by both the fine and imprisonment. This bill would impose a state-mandated local program by creating a new crime.
This bill would also provide that, upon conviction of a violation of this provision, a person shall be liable for all reasonable costs incurred by any unnecessary emergency response. 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.

The people of the State of California do enact as follows:


SECTION 1.

 Section 653l is added to the Penal Code, to read:

653l.
 (a)  Every person who telephones the 911 emergency line with the intent to annoy or harass another person is guilty of a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000), by imprisonment in a county jail for not more than six months, or by both the fine and imprisonment. Nothing in this section shall apply to telephone calls made in good faith.
(b)  An 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.
(c)  Upon conviction of a violation of this section, a person also shall be liable for all reasonable costs incurred by any unnecessary emergency response.

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 which may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, changes the definition of a crime or infraction, changes the penalty for a crime or infraction, or eliminates a crime or infraction. Notwithstanding Section 17580 of the Government Code, unless otherwise specified in this act, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution.