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AB-1775 911 emergency system: harassment.(2019-2020)

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Date Published: 06/17/2020 09:00 PM
AB1775:v97#DOCUMENT

Amended  IN  Senate  June 17, 2020
Amended  IN  Assembly  April 09, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1775


Introduced by Assembly Member Reyes Jones-Sawyer

February 22, 2019


An act to amend Section 65302 of the Government Code, relating to land use. Section 653y of the Penal Code, relating to crimes.


LEGISLATIVE COUNSEL'S DIGEST


AB 1775, as amended, Reyes Jones-Sawyer. Local planning: environmental justice goals: notification: Department of Justice. 911 emergency system: harassment.
Existing law makes it an infraction for a person to knowingly allow the use of or use the 911 emergency system for any reason other than because of an emergency. A violation of this prohibition is punishable by a warning for a first violation and specified, graduated fines for subsequent violations, including a fine of up to $250 for a 4th or subsequent violation.
This bill would increase the penalty for a violation of that provision if a person knowingly allows the use of or uses the 911 emergency system for the purpose of harassing another. The bill would make a first violation of that prohibition an infraction punishable by a $250 fine or a misdemeanor punishable by up to 6 months in a county jail, a fine of up to $1,000, or both that imprisonment and fine. The bill would make a 2nd or subsequent violation a misdemeanor punishable by up to 6 months in a county jail, a fine of up to $1,000, or both that imprisonment and fine. The bill would also provide that if a person knowingly allows the use of or uses the 911 emergency system for the purpose of harassing a person and that act is a hate crime or other, specified crime committed against another person on the basis of the other person’s actual or perceived characteristics, including race, religion, gender, or sexual orientation, the crime would be a misdemeanor punishable by up to one year in a county jail, a fine of not less than $500 nor more than $2,000, or both that imprisonment and fine.
By increasing the penalty for certain crimes to make them punishable by imprisonment in a county jail, 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.

The Planning and Zoning Law requires the legislative body of each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city and of any land outside its boundaries that bears relation to its planning. That law requires a general plan to include certain mandatory elements, including an environmental justice element, or related goals, policies, and objectives integrated in other elements, that identifies disadvantaged communities within the area covered by the general plan.

This bill would require a city, county, or city and county to notify the Department of Justice at least 60 days before the adoption or review of the environmental justice element, or related environmental justice goals, policies, and objectives integrated in other elements.

By increasing the duties of local government officials, 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   Local Program: YES  

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


SECTION 1.

 Section 653y of the Penal Code is amended to read:

653y.
 (a) A person who knowingly allows the use of or who uses the 911 emergency system for any reason other than because of an emergency is guilty of an infraction, punishable as follows:
(1) For a first violation, a written warning shall be issued to the violator by the public safety entity originally receiving the telephone call or the communication from an electronic device 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 allow the use of the 911 emergency system for, the nonemergency 911 telephone call or the communication from an electronic device. The law enforcement agency may provide educational materials regarding the appropriate use of the 911 emergency system.
(2) For a second or subsequent violation, a citation may be issued by the public safety entity originally receiving the telephone call or the communication from an electronic device 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 second violation, a fine of fifty dollars ($50).
(B) For a third violation, a fine of one hundred dollars ($100).
(C) For a fourth or subsequent violation, a fine of two hundred and fifty dollars ($250).

(b)

(3) The parent or legal guardian having custody and control of an unemancipated minor who violates this section shall be is jointly and severally liable with the minor for the fine imposed pursuant to this section. subdivision.
(b) Knowingly allowing the use of or using the 911 emergency system for the purpose of harassing another is a crime that is punishable as follows:
(1) For a first violation, as an infraction punishable by a two-hundred-fifty dollar ($250) fine or as a misdemeanor punishable by up to six months in a county jail, a fine of up to one thousand dollars ($1,000), or both that imprisonment and fine.
(2) For a second or subsequent violation, as a misdemeanor punishable by up to six months in a county jail, a fine of up to one thousand dollars ($1,000), or both that imprisonment and fine.
(c) If a person knowingly allows the use of or uses the 911 emergency system for the purpose of harassing another person and that act is an act described in Section 422.85, the person who commits the act is guilty of a misdemeanor punishable by up to one year in a county jail, a fine of not less than five hundred dollars ($500) nor more than two thousand dollars ($2,000), or both that imprisonment and fine.

(c)

(d) For purposes of this section, “emergency” means any condition in which emergency services will result in the saving of a life, a reduction in the destruction of property, quicker apprehension of criminals, or assistance with potentially life-threatening medical problems, a fire, a need for rescue, an imminent potential crime, or a similar situation in which immediate assistance is required.

(d)

(e) Notwithstanding subdivision (a), this section shall does not apply to a telephone corporation or any other entity for acts or omissions relating to the routine maintenance, repair, or operation of the 911 emergency system or the 311 telephone system.

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.