BILL NUMBER: AB 47	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 13, 2013

INTRODUCED BY   Assembly Member Gatto

                        DECEMBER 19, 2012

   An act to add Section 653.01 to the Penal Code, relating to
crimes.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 47, as amended, Gatto. Emergency telephone system: abuse.
   Under existing law, any person who knowingly allows the use of, or
who uses, the 911 telephone system for any reason other than because
of an emergency is guilty of an infraction. Any person who uses the
911 telephone system with the intent to annoy or harass another
person is guilty of a misdemeanor, punishable by a fine not exceeding
$1,000, by imprisonment in a county jail for not more than 6 months,
or by both that fine and imprisonment.
   This bill would provide that any person who calls the 911
telephone system to dispatch a police  , sheriff, fire
department, or emergency medical service  response to a
residence or place of business where there is no emergency, with the
intent to annoy or harass another person, and police  , 
 sheriff, fire department, or emergency medical service personnel
 are dispatched as a result of the call, is guilty of a
misdemeanor punishable by a fine not exceeding $10,000, by
imprisonment in a county jail for not more than one year, or by both
that fine and imprisonment. Under the bill, the person responsible
for that call is guilty of a felony punishable by a fine not
exceeding $10,000, by imprisonment in a county jail for not more than
2 years, or by both that fine and imprisonment, if any person
sustained bodily injury as a result of conduct arising out of and in
the course of the police  , sheriff, fire department, or
emergency medical service  dispatch. Under the bill, the person
responsible for that call is guilty of involuntary manslaughter,
punishable as specified, if any person sustained death as a result of
conduct arising out of and in the course of the police  , 
 sheriff, fire department, or emergency medical service personnel
 dispatch. This bill would require, upon conviction, that the
person shall also be liable for all reasonable costs incurred by any
unnecessary emergency response. This bill would exempt from its
provisions telephone calls made in good faith. By increasing the
penalty for an existing crime, 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.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 653.01 is added to the Penal Code, to read:
   653.01.  (a) Any person who calls the 911 telephone system to
dispatch a police  , sheriff, fire department, or emergency
medical service  response to a residence or place of business
where there is no emergency, with the intent to annoy or harass
another person and if police  are   , sheriff,
fire department, or emergency medical service personnel 
dispatched as a result of the telephone call, is guilty of a
misdemeanor punishable by a fine of not more than ten thousand
dollars ($10,000), by imprisonment in a county jail for not more than
one year, or by both that fine and imprisonment.
   (b) Any person who calls the 911 telephone system to dispatch a
police  , sheriff, fire department, or emergency medical service
personnel  response to a residence or place of business where
there is no emergency, with the intent to annoy or harass another
person and if police  , sheriff, fire department, or emergency
medical service personnel  are dispatched and any person
sustains bodily injury as a result of conduct arising out of and in
the course of the police  , sheriff, fire department, or
emergency   medical service personnel  being dispatched
to the residence or place of business, is guilty of a felony
punishable by a fine of not more than ten thousand dollars ($10,000),
by imprisonment in a county jail for not more than two years, or by
both that fine and imprisonment.
   (c) Any person who calls the 911 telephone system to dispatch a
police  , sheriff, fire department, or emergency medical service
 response to a residence or place of business where there is no
emergency, with the intent to annoy or harass another person and if
police  , sheriff, fire department, or emergency medical service
  personnel  are dispatched and any person sustained
death as a result of conduct arising out of and in the course of the
police  , sheriff, fire department, or emergency medical service
 being dispatched to the residence or place of business, is
guilty of involuntary manslaughter punishable under subdivision (b)
of Section 193.
   (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.
   (e) Upon conviction of this section, a person shall also be liable
for all reasonable costs, including property damage, incurred by an
unnecessary police  , sheriff, fire department, or emergency
medical service  response.
   (f) This section shall not apply to telephone calls made in good
faith.
  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.