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AB-2609 Crimes: false reporting.(2023-2024)



Current Version: 04/25/24 - Amended Assembly

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AB2609:v98#DOCUMENT

Amended  IN  Assembly  April 25, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 2609

Introduced by Assembly Members Ta and Alanis
(Coauthor: Assembly Member Davies)

February 14, 2024

An act to amend Sections 148.3 and 653x of the Penal Code, relating to crimes.


LEGISLATIVE COUNSEL'S DIGEST


AB 2609, as amended, Ta. Crimes: false reporting.
Existing law makes it a misdemeanor to report an emergency to specified government entities knowing that report to be false. Existing law makes it a misdemeanor to initiate communication with the 911 emergency system with the intent to annoy or harass another person.
This bill would additionally make those offenses punishable as felonies. make a second or subsequent violation of these provisions punishable as a misdemeanor or felony for a person who is 18 years of age or older. By increasing the penalty for existing crimes, 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 148.3 of the Penal Code is amended to read:

148.3.
 (a) (1) An individual who reports, or causes a report to be made, to a city, county, city and county, or state department, district, agency, division, commission, or board, that an “emergency” exists, knowing that the report is false, is guilty of a misdemeanor and upon conviction shall be punishable by imprisonment in a county jail for a period not exceeding one year, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine, or by imprisonment pursuant to subdivision (h) of Section 1170. fine.
(2) A second or subsequent violation of paragraph (1) is punishable by imprisonment in a county jail for a period not exceeding one year, by a fine not exceeding one thousand dollars ($1,000), by both that imprisonment and fine, or by imprisonment pursuant to subdivision (h) of Section 1170. This paragraph shall not apply to a person who was under 18 years of age under at the time the person committed the offense.
(b) An individual who reports, or causes a report to be made, to a city, county, city and county, or state department, district, agency, division, commission, or board, that an “emergency” exists, who knows that the report is false, and who knows or should know that the response to the report is likely to cause death or great bodily injury, and great bodily injury or death is sustained by any person as a result of the false report, is guilty of a felony and upon conviction shall be punishable by imprisonment pursuant to subdivision (h) of Section 1170, by a fine of not more than ten thousand dollars ($10,000), or by both that imprisonment and fine.
(c) “Emergency” as used in this section means any condition that results in, or could result in, the response of a public official in an authorized emergency vehicle, aircraft, or vessel, any condition that 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 that any individual may enter, or any situation that results in or could result in activation of the Emergency Alert System pursuant to Section 8594 of the Government Code. An activation or possible activation of the Emergency Alert System pursuant to Section 8594 of the Government Code shall not constitute an “emergency” for purposes of this section if it occurs as the result of a report made or caused to be made by a parent, guardian, or lawful custodian of a child that is based on a good faith belief that the child is missing.
(d) This section does not preclude punishment for the conduct described in subdivision (a) or (b) under any other section that provides for greater punishment for that conduct.
(e) An individual 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.

SEC. 2.

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

653x.
 (a) (1) A person who telephones or uses an electronic communication device to initiate communication with the 911 emergency system 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, or by imprisonment pursuant to subdivision (h) of Section 1170. imprisonment. This section shall not apply to telephone calls or communications using electronic devices made in good faith.
(2) A second or subsequent violation of paragraph (1) is punishable by imprisonment in a county jail for a period not exceeding one year, by a fine not exceeding one thousand dollars ($1,000), by both that imprisonment and fine, or by imprisonment pursuant to subdivision (h) of Section 1170. This paragraph shall not apply to a person who was under 18 years of age at the time the person committed the offense.
(b) An intent to annoy or harass is established by proof of repeated calls or communications over a period of time, however short, that are unreasonable under the circumstances.
(c) Upon conviction of a violation of this section, a person shall be liable for all reasonable costs incurred by any unnecessary emergency response.

SEC. 3.

 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.