Bill Text: CA AB538 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Emergency telephone system: abuse.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Vetoed) 2010-01-14 - Consideration of Governor's veto stricken from file. [AB538 Detail]

Download: California-2009-AB538-Amended.html

---

BILL NUMBER: AB 538	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 15, 2009

INTRODUCED BY   Assembly Member Arambula

                        FEBRUARY 25, 2009

   An act to amend Section 653y of the Penal Code, relating to
crimes.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 538, as amended, Arambula. 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.
   This bill would authorize an entity that provides emergency
 medical   Medi-Cal  services to report a
violation to the public safety entity that originally received the
call. The bill would require the public safety entity  to
verify that a violation has occurred and   originally
receiving the call, upon verification that a violation has occurred,
 to issue the applicable warnings and citations, as specified.
By imposing new duties on local officials, the 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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   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 653y of the Penal Code is amended to read:
   653y.  (a) Any person who knowingly allows the use or who uses the
911 telephone system for any reason other than because of an
emergency is guilty of an infraction, punishable as follows:
   (1) For a first violation, a written warning shall be issued to
the violator by the public safety entity originally receiving the
call describing the punishment for subsequent violations. The written
warning shall inform the recipient to notify the issuing agency that
the warning was issued inappropriately if the recipient did not
make, or knowingly allow the use of the 911 telephone system for, the
nonemergency 911 call. The law enforcement agency may provide
educational materials regarding the appropriate use of the 911
telephone system.
   (2) For a second or subsequent violation, a citation may be issued
by the public safety entity originally receiving the call pursuant
to which the violator shall be subject to the following penalties
that may be reduced by a court upon consideration of the violator's
ability to pay:
   (A) For a second violation, a fine of fifty dollars ($50).
   (B) For a third violation, a fine of one hundred dollars ($100).
   (C) For a fourth or subsequent violation, a fine of two hundred
and fifty dollars ($250).
   (b) The parent or legal guardian having custody and control of an
unemancipated minor who violates this section shall be jointly and
severally liable with the minor for the fine imposed pursuant to this
section.
   (c) 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.
   (d) Any entity that provides emergency medical services, as
defined in Section 1797.72 of the Health and Safety Code, may report
a violation, as described in subdivision (a), to the public safety
entity that originally received the call.  The public safety
shall verify that a violation has occurred and   Upon
verification that a violation has occurred, the public safety entity
originally receiving the call  shall issue the applicable
warnings and citations, as specified in paragraphs (1) and (2) of
subdivision (a).
   (e) Notwithstanding subdivision (a), this section shall not apply
to a telephone corporation or any other entity for acts or omissions
relating to the routine maintenance, repair, or operation of the 911
or 311 telephone system.
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.