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| 1 | + | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 327Introduced by Assembly Member TaJanuary 27, 2025 An act to amend Sections 148.3 and 653x of the Penal Code, relating to crimes. LEGISLATIVE COUNSEL'S DIGESTAB 327, as introduced, 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 make a 2nd 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, the bill would impose a state-mandated local program.Existing law makes an individual convicted of the crimes described above liable to a public agency for the reasonable costs of an emergency response by the public agency.The bill would extend those liability provisions to property damage incurred as a result of the 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe 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) Any (1) An individual who reports, or causes any report to be made, to any 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 thereof shall be punishable by imprisonment in a county jail for a period not exceeding one year, or by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and 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 at the time the person committed the offense.(b) Any An individual who reports, or causes any a report to be made, to any 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 thereof shall be punishable by imprisonment pursuant to subdivision (h) of Section 1170, or by a fine of not more than not exceeding 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) Nothing in this section precludes This section does not preclude punishment for the conduct described in subdivision (a) or (b) under any other section of law providing that provides for greater punishment for that conduct.(e) Any 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. agency and is liable to another party for property damage incurred by the other party as a result of the emergency response.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 not exceeding one thousand dollars ($1,000), by imprisonment in a county jail for not more than not exceeding six months, or by both the that fine and imprisonment. Nothing in this 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 also an individual shall be liable for all the reasonable costs incurred by any unnecessary emergency response. response, including property damage incurred by any party as a result of the emergency response.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. | |
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| 3 | + | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 327Introduced by Assembly Member TaJanuary 27, 2025 An act to amend Sections 148.3 and 653x of the Penal Code, relating to crimes. LEGISLATIVE COUNSEL'S DIGESTAB 327, as introduced, 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 make a 2nd 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, the bill would impose a state-mandated local program.Existing law makes an individual convicted of the crimes described above liable to a public agency for the reasonable costs of an emergency response by the public agency.The bill would extend those liability provisions to property damage incurred as a result of the 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES | |
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| 5 | - | Amended IN Assembly March 05, 2025 | |
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| 7 | - | Amended IN Assembly March 05, 2025 | |
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| 7 | + | ||
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| 9 | 9 | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION | |
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| 11 | 11 | Assembly Bill | |
| 12 | 12 | ||
| 13 | 13 | No. 327 | |
| 14 | 14 | ||
| 15 | 15 | Introduced by Assembly Member TaJanuary 27, 2025 | |
| 16 | 16 | ||
| 17 | 17 | Introduced by Assembly Member Ta | |
| 18 | 18 | January 27, 2025 | |
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| 20 | 20 | An act to amend Sections 148.3 and 653x of the Penal Code, relating to crimes. | |
| 21 | 21 | ||
| 22 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 23 | 23 | ||
| 24 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 25 | 25 | ||
| 26 | - | AB 327, as | |
| 26 | + | AB 327, as introduced, Ta. Crimes: false reporting. | |
| 27 | 27 | ||
| 28 | - | 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 make a 2nd or subsequent violation of these provisions punishable as a misdemeanor or felony for a person who is | |
| 28 | + | 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 make a 2nd 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, the bill would impose a state-mandated local program.Existing law makes an individual convicted of the crimes described above liable to a public agency for the reasonable costs of an emergency response by the public agency.The bill would extend those liability provisions to property damage incurred as a result of the 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. | |
| 29 | 29 | ||
| 30 | 30 | 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. | |
| 31 | 31 | ||
| 32 | - | This bill would make a 2nd or subsequent violation of these provisions punishable as a misdemeanor or felony for a person who is | |
| 32 | + | This bill would make a 2nd 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, the bill would impose a state-mandated local program. | |
| 33 | 33 | ||
| 34 | 34 | Existing law makes an individual convicted of the crimes described above liable to a public agency for the reasonable costs of an emergency response by the public agency. | |
| 35 | 35 | ||
| 36 | 36 | The bill would extend those liability provisions to property damage incurred as a result of the emergency response. | |
| 37 | 37 | ||
| 38 | 38 | 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. | |
| 39 | 39 | ||
| 40 | 40 | This bill would provide that no reimbursement is required by this act for a specified reason. | |
| 41 | 41 | ||
| 42 | 42 | ## Digest Key | |
| 43 | 43 | ||
| 44 | 44 | ## Bill Text | |
| 45 | 45 | ||
| 46 | - | 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 any 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.(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. | |
| 46 | + | 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) Any (1) An individual who reports, or causes any report to be made, to any 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 thereof shall be punishable by imprisonment in a county jail for a period not exceeding one year, or by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and 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 at the time the person committed the offense.(b) Any An individual who reports, or causes any a report to be made, to any 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 thereof shall be punishable by imprisonment pursuant to subdivision (h) of Section 1170, or by a fine of not more than not exceeding 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) Nothing in this section precludes This section does not preclude punishment for the conduct described in subdivision (a) or (b) under any other section of law providing that provides for greater punishment for that conduct.(e) Any 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. agency and is liable to another party for property damage incurred by the other party as a result of the emergency response.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 not exceeding one thousand dollars ($1,000), by imprisonment in a county jail for not more than not exceeding six months, or by both the that fine and imprisonment. Nothing in this 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 also an individual shall be liable for all the reasonable costs incurred by any unnecessary emergency response. response, including property damage incurred by any party as a result of the emergency response.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. | |
| 47 | 47 | ||
| 48 | 48 | The people of the State of California do enact as follows: | |
| 49 | 49 | ||
| 50 | 50 | ## The people of the State of California do enact as follows: | |
| 51 | 51 | ||
| 52 | - | SECTION 1. Section 148.3 of the Penal Code is amended to read:148.3. (a) (1) An individual who reports, or causes any 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.(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. | |
| 52 | + | SECTION 1. Section 148.3 of the Penal Code is amended to read:148.3. (a) Any (1) An individual who reports, or causes any report to be made, to any 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 thereof shall be punishable by imprisonment in a county jail for a period not exceeding one year, or by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and 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 at the time the person committed the offense.(b) Any An individual who reports, or causes any a report to be made, to any 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 thereof shall be punishable by imprisonment pursuant to subdivision (h) of Section 1170, or by a fine of not more than not exceeding 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) Nothing in this section precludes This section does not preclude punishment for the conduct described in subdivision (a) or (b) under any other section of law providing that provides for greater punishment for that conduct.(e) Any 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. agency and is liable to another party for property damage incurred by the other party as a result of the emergency response. | |
| 53 | 53 | ||
| 54 | 54 | SECTION 1. Section 148.3 of the Penal Code is amended to read: | |
| 55 | 55 | ||
| 56 | 56 | ### SECTION 1. | |
| 57 | 57 | ||
| 58 | - | 148.3. (a) (1) An individual who reports, or causes any 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.(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. | |
| 58 | + | 148.3. (a) Any (1) An individual who reports, or causes any report to be made, to any 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 thereof shall be punishable by imprisonment in a county jail for a period not exceeding one year, or by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and 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 at the time the person committed the offense.(b) Any An individual who reports, or causes any a report to be made, to any 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 thereof shall be punishable by imprisonment pursuant to subdivision (h) of Section 1170, or by a fine of not more than not exceeding 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) Nothing in this section precludes This section does not preclude punishment for the conduct described in subdivision (a) or (b) under any other section of law providing that provides for greater punishment for that conduct.(e) Any 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. agency and is liable to another party for property damage incurred by the other party as a result of the emergency response. | |
| 59 | 59 | ||
| 60 | - | 148.3. (a) (1) An individual who reports, or causes any 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.(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. | |
| 60 | + | 148.3. (a) Any (1) An individual who reports, or causes any report to be made, to any 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 thereof shall be punishable by imprisonment in a county jail for a period not exceeding one year, or by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and 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 at the time the person committed the offense.(b) Any An individual who reports, or causes any a report to be made, to any 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 thereof shall be punishable by imprisonment pursuant to subdivision (h) of Section 1170, or by a fine of not more than not exceeding 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) Nothing in this section precludes This section does not preclude punishment for the conduct described in subdivision (a) or (b) under any other section of law providing that provides for greater punishment for that conduct.(e) Any 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. agency and is liable to another party for property damage incurred by the other party as a result of the emergency response. | |
| 61 | 61 | ||
| 62 | - | 148.3. (a) (1) An individual who reports, or causes any 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.(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. | |
| 62 | + | 148.3. (a) Any (1) An individual who reports, or causes any report to be made, to any 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 thereof shall be punishable by imprisonment in a county jail for a period not exceeding one year, or by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and 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 at the time the person committed the offense.(b) Any An individual who reports, or causes any a report to be made, to any 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 thereof shall be punishable by imprisonment pursuant to subdivision (h) of Section 1170, or by a fine of not more than not exceeding 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) Nothing in this section precludes This section does not preclude punishment for the conduct described in subdivision (a) or (b) under any other section of law providing that provides for greater punishment for that conduct.(e) Any 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. agency and is liable to another party for property damage incurred by the other party as a result of the emergency response. | |
| 63 | 63 | ||
| 64 | 64 | ||
| 65 | 65 | ||
| 66 | - | 148.3. (a) (1) An individual who reports, or causes any 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. | |
| 66 | + | 148.3. (a) Any (1) An individual who reports, or causes any report to be made, to any 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 thereof shall be punishable by imprisonment in a county jail for a period not exceeding one year, or by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine. | |
| 67 | 67 | ||
| 68 | - | (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. | |
| 68 | + | (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. | |
| 69 | 69 | ||
| 70 | - | (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 not exceeding ten thousand dollars ($10,000), or by both that imprisonment and fine. | |
| 70 | + | (b) Any An individual who reports, or causes any a report to be made, to any 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 thereof shall be punishable by imprisonment pursuant to subdivision (h) of Section 1170, or by a fine of not more than not exceeding ten thousand dollars ($10,000), or by both that imprisonment and fine. | |
| 71 | 71 | ||
| 72 | 72 | (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. | |
| 73 | 73 | ||
| 74 | - | (d) This section does not preclude punishment for the conduct described in subdivision (a) or (b) under any other section of law that provides for greater punishment for that conduct. | |
| 74 | + | (d) Nothing in this section precludes This section does not preclude punishment for the conduct described in subdivision (a) or (b) under any other section of law providing that provides for greater punishment for that conduct. | |
| 75 | 75 | ||
| 76 | - | (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 and is liable to another party for property damage incurred by the other party as a result of the emergency response. | |
| 76 | + | (e) Any 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. agency and is liable to another party for property damage incurred by the other party as a result of the emergency response. | |
| 77 | 77 | ||
| 78 | - | 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 not exceeding one thousand dollars ($1,000), by imprisonment in a county jail not exceeding six months, or by both that fine and 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. | |
| 78 | + | 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 not exceeding one thousand dollars ($1,000), by imprisonment in a county jail for not more than not exceeding six months, or by both the that fine and imprisonment. Nothing in this 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 also an individual shall be liable for all the reasonable costs incurred by any unnecessary emergency response. response, including property damage incurred by any party as a result of the emergency response. | |
| 79 | 79 | ||
| 80 | 80 | SEC. 2. Section 653x of the Penal Code is amended to read: | |
| 81 | 81 | ||
| 82 | 82 | ### SEC. 2. | |
| 83 | 83 | ||
| 84 | - | 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 not exceeding one thousand dollars ($1,000), by imprisonment in a county jail not exceeding six months, or by both that fine and 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. | |
| 84 | + | 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 not exceeding one thousand dollars ($1,000), by imprisonment in a county jail for not more than not exceeding six months, or by both the that fine and imprisonment. Nothing in this 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 also an individual shall be liable for all the reasonable costs incurred by any unnecessary emergency response. response, including property damage incurred by any party as a result of the emergency response. | |
| 85 | 85 | ||
| 86 | - | 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 not exceeding one thousand dollars ($1,000), by imprisonment in a county jail not exceeding six months, or by both that fine and 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. | |
| 86 | + | 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 not exceeding one thousand dollars ($1,000), by imprisonment in a county jail for not more than not exceeding six months, or by both the that fine and imprisonment. Nothing in this 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 also an individual shall be liable for all the reasonable costs incurred by any unnecessary emergency response. response, including property damage incurred by any party as a result of the emergency response. | |
| 87 | 87 | ||
| 88 | - | 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 not exceeding one thousand dollars ($1,000), by imprisonment in a county jail not exceeding six months, or by both that fine and 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. | |
| 88 | + | 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 not exceeding one thousand dollars ($1,000), by imprisonment in a county jail for not more than not exceeding six months, or by both the that fine and imprisonment. Nothing in this 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 also an individual shall be liable for all the reasonable costs incurred by any unnecessary emergency response. response, including property damage incurred by any party as a result of the emergency response. | |
| 89 | 89 | ||
| 90 | 90 | ||
| 91 | 91 | ||
| 92 | - | 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 not exceeding one thousand dollars ($1,000), by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment. This section shall not apply to telephone calls or communications using electronic devices made in good faith. | |
| 92 | + | 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 not exceeding one thousand dollars ($1,000), by imprisonment in a county jail for not more than not exceeding six months, or by both the that fine and imprisonment. Nothing in this This section shall not apply to telephone calls or communications using electronic devices made in good faith. | |
| 93 | 93 | ||
| 94 | - | (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. | |
| 94 | + | (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. | |
| 95 | 95 | ||
| 96 | 96 | (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. | |
| 97 | 97 | ||
| 98 | - | (c) Upon conviction of a violation of this section, an individual shall be liable for the reasonable costs incurred by any unnecessary emergency response, including property damage incurred by any party as a result of the emergency response. | |
| 98 | + | (c) Upon conviction of a violation of this section, a person also an individual shall be liable for all the reasonable costs incurred by any unnecessary emergency response. response, including property damage incurred by any party as a result of the emergency response. | |
| 99 | 99 | ||
| 100 | 100 | SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. | |
| 101 | 101 | ||
| 102 | 102 | SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. | |
| 103 | 103 | ||
| 104 | 104 | SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. | |
| 105 | 105 | ||
| 106 | 106 | ### SEC. 3. |