BILL NUMBER: SB 333	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Lieu

                        FEBRUARY 19, 2013

   An act to amend Section 148.3 of the Penal Code, relating to
crimes.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 333, as introduced, Lieu. Crimes: emergencies: false reporting.

   Existing law provides that any individual who reports, or causes
any report to be made, to any 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 is punishable by imprisonment in a
county jail for a period not exceeding one year, or by a fine not
exceeding $1,000, or by both that imprisonment and fine.
   This bill would, for the misdemeanor provision described above,
require the individual to serve at least 120 days in county jail, but
not more than one year. The bill would also provide that any person
convicted of that offense who is granted probation shall be confined
in a county jail for at least 120 days as a condition of probation,
unless the court finds that it is in the interests of justice not to
impose that sentence, and states on the record the reasons why
justice would be served by not imposing that minimum jail sentence.
   By increasing the penalty for an existing crime, this bill would
impose a state-mandated local program.
    Existing law provides that any individual who reports, or causes
any report to be made, to any city, county, city and county, or state
department, district, agency, division, commission, or board, that
an emergency exists, and 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, as specified.
   This bill would delete the requirement that the person knows or
should know that the response to the report is likely to cause death
or great bodily injury.
   By expanding the scope of an existing crime, this bill would
impose a state-mandated local program.
   The bill would also provide that any person convicted of violating
these provisions resulting in an emergency response, would be liable
to a public agency for the reasonable costs of the emergency
response by the public agency.
   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 148.3 of the Penal Code is amended to read:
   148.3.  (a)  (1)    Any individual who reports,
or causes any report to be made, to any 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  of
at least 120 days, but  not exceeding one year, or by a fine not
exceeding one thousand dollars ($1,000), or by both that
imprisonment and fine. 
   (2) Any individual convicted of violating this section who is
granted probation shall be confined in a county jail for at least 120
days as a condition of probation. That minimum sentence shall be
imposed unless the court finds that it is in the interests of justice
not to impose that sentence, and states on the record the reasons
why justice would be served by not imposing that minimum jail
sentence. 
   (b) Any individual who reports, or causes any report to be made,
to any city, county, city and county, or state department, district,
agency, division, commission, or board, that an "emergency" exists,
and 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 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) Any individual convicted of violating this section, resulting
in an emergency response, is liable to a public agency for the
reasonable costs of the emergency response by the public agency.

  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.