Bill Text: CA SB333 | 2013-2014 | Regular Session | Chaptered

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Bill Title: Crimes: emergencies: false reporting.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2013-09-09 - Chaptered by Secretary of State. Chapter 284, Statutes of 2013. [SB333 Detail]

Download: California-2013-SB333-Chaptered.html

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BILL NUMBER: SB 333	CHAPTERED
	BILL TEXT

	CHAPTER  284
	FILED WITH SECRETARY OF STATE  SEPTEMBER 9, 2013
	APPROVED BY GOVERNOR  SEPTEMBER 9, 2013
	PASSED THE SENATE  AUGUST 22, 2013
	PASSED THE ASSEMBLY  AUGUST 19, 2013
	AMENDED IN ASSEMBLY  AUGUST 12, 2013
	AMENDED IN SENATE  APRIL 16, 2013

INTRODUCED BY   Senator Lieu
   (Principal coauthor: Assembly Member Bloom)

                        FEBRUARY 19, 2013

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



	LEGISLATIVE COUNSEL'S DIGEST


   SB 333, 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.
    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 provide that any person convicted of violating
these provisions, based upon a report that resulted in an emergency
response, would be liable to a public agency for the reasonable costs
of the emergency response by the public agency. The bill would
further provide that nothing in these provisions precludes punishment
for the conduct prescribed by existing law under any other law
providing for greater punishment.


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 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 not exceeding one year, or by a fine not
exceeding one thousand dollars ($1,000), or by both that imprisonment
and fine.
   (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,
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) Nothing in this section precludes punishment for the conduct
described in subdivision (a) or (b) under any other section of law
providing for greater punishment for that conduct.
   (e) Any 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.