Bill Text

Bill Information

PDF |Add To My Favorites |Track Bill | print page

AB-569 False reports: active shooter situations.(2019-2020)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
Date Published: 02/14/2019 09:00 PM
AB569:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 569


Introduced by Assembly Member Fong

February 14, 2019


An act to amend Section 148.1 of the Penal Code, relating to false reports.


LEGISLATIVE COUNSEL'S DIGEST


AB 569, as introduced, Fong. False reports: active shooter situations.
Existing law makes it a crime to report to specified persons, including peace officers and newspapers, that a bomb or other explosive has been or will be placed or secreted in any public or private place, knowing that the report is false. Existing law additionally makes it a crime to maliciously inform any other person that a bomb or other explosive has been or will be placed or secreted in any public or private place, knowing that the information is false.
This bill would broaden those provisions to also include when a person falsely reports that an active shooter situation is underway. The bill would additionally broaden the provisions regarding false reports to specified persons to additionally include an operator of a 9-1-1 service, as defined, and an employee of a law enforcement agency. The bill would make any person convicted of violating any of these provisions, based on a report that resulted in an emergency response, liable for the reasonable costs of the emergency response by a public agency and liable to any other individuals, businesses, and other private entities for reasonable expenses incurred as a result of the disruption caused by the false report. By increasing the scope of a crime, this bill would create 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 148.1 of the Penal Code is amended to read:

148.1.
 (a) Any person who reports to any peace officer listed in Section 830.1 or 830.2, or subdivision (a) of Section 830.33, operator of a 9-1-1 service, employee of a law enforcement agency, employee of a fire department or fire service, district attorney, newspaper, radio station, television station, deputy district attorney, employees of the Department of Justice, employees of an airline, employees of an airport, employees of a railroad or busline, an employee of a telephone company, occupants of a building or a news reporter in the employ of a newspaper or radio or television station, that an active shooter situation is underway or that a bomb or other explosive has been or will be placed or secreted in any public or private place, knowing that the report is false, is guilty of a crime punishable by imprisonment in a county jail not to exceed one year, or pursuant to subdivision (h) of Section 1170.
(b) Any person who reports to any other peace officer defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 that an active shooter situation is underway or that a bomb or other explosive has been or will be placed or secreted in any public or private place, knowing that the report is false, is guilty of a crime punishable by imprisonment in a county jail not to exceed one year or pursuant to subdivision (h) of Section 1170 if (1) the false information is given while the peace officer is engaged in the performance of his or her the officer’s duties as a peace officer and (2) the person providing the false information knows or should have known that the person receiving the information is a peace officer.
(c) Any person who maliciously informs any other person that an active shooter situation is underway or that a bomb or other explosive has been or will be placed or secreted in any public or private place, knowing that the information is false, is guilty of a crime punishable by imprisonment in a county jail not to exceed one year, or pursuant to subdivision (h) of Section 1170.
(d) Any person who maliciously gives, mails, sends, or causes to be sent any false or facsimile bomb to another person, or places, causes to be placed, or maliciously possesses any false or facsimile bomb, with the intent to cause another to fear for his or her their personal safety or the safety of others, is guilty of a crime punishable by imprisonment in a county jail not to exceed one year, or pursuant to subdivision (h) of Section 1170.
(e) Any person convicted of violating this section, based upon a report that resulted in an emergency response, is liable to a public agency for the reasonable costs of the emergency response by that public agency.
(f) Any person convicted of violating this section, based upon a report that resulted in an emergency response, is liable for reasonable expenses incurred by other individuals, businesses, and other private entities as a result of the disruption caused by the false report.
(g) A report of an active shooter situation includes any report of gunfire in any populated place and any report of a person shooting a firearm in any populated place.
(h) “9-1-1 service” means a telecommunications service, or other wireline or wireless service, that provides to the user of the public telephone system the ability to reach a public safety agency by utilizing the digits 9-1-1 or otherwise facilitates the provision of emergency services pursuant to the Warren-911-Emergency Assistance Act (Article 6 (commencing with Section 53100) of Chapter 1 of Part 1 of Division 2 of Title 5 of the Government Code). “9-1-1 service” includes a 9-1-1 service that utilizes in whole or in part an Internet Protocol.

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.