Existing law makes it an offense for a person to telephone the 911 emergency system with the intent to annoy or harass another person, and makes the offender liable for all reasonable costs incurred by any unnecessary emergency response.

This bill would expand those provisions to include communicating with the 911 emergency system using an electronic communication device for those purposes.

Existing law makes it an offense for a person to knowingly allow the use or to use the 911 emergency system for any reason other than because of an emergency, and makes the parent or legal guardian having custody and control of an unemancipated minor who commits that offense jointly and severally liable with the minor for the fine imposed as punishment for that offense.

This bill would expand those provisions to include making a communication from an electronic communication device to commit the offense.

By expanding the scope of existing crimes, 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.

Existing law makes it an offense for a person to telephone the 911 emergency system with the intent to annoy or harass another person, and makes the offender liable for all reasonable costs incurred by any unnecessary emergency response.

This bill would expand those provisions to include communicating with the 911 emergency system using an electronic communication device for those purposes.

Existing law makes it an offense for a person to knowingly allow the use or to use the 911 emergency system for any reason other than because of an emergency, and makes the parent or legal guardian having custody and control of an unemancipated minor who commits that offense jointly and severally liable with the minor for the fine imposed as punishment for that offense.

This bill would expand those provisions to include making a communication from an electronic communication device to commit the offense.

By expanding the scope of existing crimes, 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.

Existing law makes it an offense for a person to telephone the 911 emergency system with the intent to annoy or harass another person, and makes the offender liable for all reasonable costs incurred by any unnecessary emergency response.

This bill would expand those provisions to include communicating with the 911 emergency system using an electronic communication device for those purposes.

By expanding the scope of an existing crime, existing crimes, 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.

Existing law makes it an offense for a person to telephone the 911 emergency system with the intent to annoy or harass another person, and makes the offender liable for all reasonable costs incurred by any unnecessary emergency response.

This bill would expand those provisions to include communicating with the 911 emergency system using an electronic communication device for those purposes.

By expanding the scope of 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.

 CONSENT  

Bill No: AB 1769

Author:

:

Vote:

SENATE PUBLIC SAFETY COMMITTEE: 7-0, 6/14/16

AYES: Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 79-0, 4/21/16 (Consent) - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST: This bill expands existing law, which makes a “nuisance call” to the 911 system a misdemeanor, subject to specific fines, by making the same prohibitions and penalties applicable to other electronic communication devices.

ANALYSIS:

Existing law:

1) Prohibits the use of a telephone for the purpose of annoying or harassing an individual through the 911 line. (Pen. Code § 653x(a).)

2) States that the intent to annoy or harass is established by proof of repeated calls that are unreasonable under the circumstances. (Pen. Code § 653x(b).)

3) States that anyone guilty of using the 911 line to annoy or harass is responsible for all reasonable costs incurred by the unnecessary emergency response. (Pen. Code § 653x(c).)

4) States that anyone who knowingly uses the 911 telephone system for any reason other than because of an emergency is guilty of an infraction, punishable by a warning for a first offense, and fines for subsequent offenses. (Pen. Code § 653y)

This bill:

1) Prohibits the use of electronic communications for the purpose of annoying or harassing an individual through the 911 system.

2) States that the intent to annoy or harass is established by proof of repeated communications that are unreasonable under the circumstances.

3) States that anyone who knowingly contacts the 911 system via electronic communication for any reason other than an emergency is guilty of an infraction.

Background

The Warren 911 Emergency Assistance Act established the original 911 line in California as part of a national push to make 911 the primary contact number for emergencies nationwide. The Local Emergency Telephone Systems Article required localities to develop their own system or join a regional system for police, fire and medical emergency dispatch using the 911 phone number rather than the thousands of separate emergency numbers for each local department which previously existed. The regional dispatchers who connect 911 callers to the appropriate emergency response entity are called Public Safety Answering Points (PSAPs). Currently, there are 452 PSAPs statewide receiving tens of millions of calls each year, with approximately half of these coming from cell phones. The volume of calls and the difficulty in locating cell phone callers, among other issues, precipitated the need for an upgrade to the 911 system.

The Office of Emergency Services (OES) is responsible for planning, implementing and upgrading the 911 system statewide. Through the California 911 Emergency Communications Branch of the Logistics Operation Directorate, OES has begun the process of upgrading the 911 system as required under the Government Code. The IP based network of NextGen911 (NG911) will allow for capabilities such as location based routing, policy based routing and dynamic call routing between PSAPs. Additionally, applications like text, video and photos along with continual advancements in communications technology create the desire for a more advanced system to access emergency care. Currently, there are five NG911 pilot programs in the state. As these expand, the volume of text and other electronic communications to the 911system will increase.

The Penal Code provisions amended by this bill deter frivolous or harassing calls which can clog the 911 system. The National Emergency Number Association 911 dispatchers’ goal of answering 90% of calls in 10 seconds or less were not met in many California counties due to high volume of calls. Frivolous calls, non-emergency calls or prank calls that include ‘swatting’ and other harassment consume dispatchers’ time and prevent them from helping individuals in actual emergencies. The Penal Code attempts to deter frivolous, harassing or otherwise inappropriate non-emergency calls by imposing a schedule of warnings and fines in the case of frivolous and non-emergency calls, or fines and jail time for use of the 911 system to annoy or harass dispatchers. However, both of these Code Sections prohibit only telephone calls and not the other electronic communications methods enabled by NG911 systems. This bill prohibits those electronic communications.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 6/27/16)

Association for Los Angeles Deputy Sheriffs

California Association of Code Enforcement Officers

California College and University Police Chiefs Association

California Fire Chiefs Association

California Narcotic Officers Association

California Peace Officers’ Association

California Police Chiefs Association, Inc.

California State Sheriffs’ Association

City of Ontario

Fire Districts Association of California

Los Angeles Police Protective League

Los Angeles County Professional Peace Officers Association

Office of the Los Angeles Sheriff

Professional Peace Officers Association

Riverside Sheriffs’ Association

San Diego County Sheriff’s Department

OPPOSITION: (Verified 6/27/16)

None received

ARGUMENTS IN SUPPORT: According to the California Police Chiefs Association Inc., “Current law only addresses nuisance 9-1-1 phone calls. AB 1769 amends Penal Code (PC) Section 653x to include nuisance texting. It is imperative that the Penal Code reflect the new option to text 9-1-1 as agencies continue to implement NextGen 9-1-1, which allows for digital information to flow form the public, through the 9-1-1 networks, and on to emergency responders.”

ASSEMBLY FLOOR: 79-0, 4/21/16

AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon

NO VOTE RECORDED: Ridley-Thomas

Prepared by: Molly Lao / PUB. S. /

6/29/16 15:50:39

**** END ****

SENATE COMMITTEE ON PUBLIC SAFETY

Senator Loni Hancock, Chair

2015 - 2016 Regular

Bill No: AB 1769 Hearing Date: June 14, 2016

Subject: 911 Emergency System: Nuisance Communications

HISTORY

Source: Office of the San Bernardino Sheriff – Coroner

Prior Legislation: SB 1211 (Padilla) – Ch. 926, Stats. 2014

SB 333 (Lieu) – Ch. 284, Stats. 2013

AB 538 (Arambula) – 2009-2010 Legislative Session, Vetoed

AB 2741 (Cannella) – Ch. 262, Stats. 1994

Support: Association for Los Angeles Deputy Sheriffs; California Association of Code Enforcement Officers; California College and University Police Chiefs Association; California Fire Chiefs Association; California Narcotic Officers Association; California Peace Officers’ Association; California Police Chiefs Association; California State Sheriffs’ Association; City of Ontario; Fire Districts Association of California; Los Angeles Police Protective League; Los Angeles Country Professional Peace Officers Association; Office of the Los Angeles Sheriff; Professional Peace Officers Association; Riverside Sheriffs Association; San Diego County Sheriff’s Department

Opposition: None known

Assembly Floor Vote: 79 - 0

PURPOSE

The purpose of this bill is to expand existing law, which makes a “nuisance call” to the 911 system a misdemeanor, subject to specific fines, by making the same prohibitions and penalties applicable to other electronic communication devices.

Existing law prohibits the use of a telephone for the purpose of annoying or harassing an individual through the 911 line. (Pen. Code, § 653x(a).)

Existing law states that the intent to annoy or harass is established by proof of repeated calls that are unreasonable under the circumstances. (Pen. Code, § 653x(b).)

Existing law states that anyone guilty of using the 911 line to annoy or harass is responsible for all reasonable costs incurred by the unnecessary emergency response. (Pen. Code, § 653x(c).)

Existing law states that anyone who knowingly uses the 911 telephone system for any reason other than because of an emergency is guilty of an infraction, punishable by a warning for a first offense, and fines for subsequent offenses. (Pen. Code, § 653y)

This bill prohibits the use of electronic communications for the purpose of annoying or harassing an individual through the 911 system.

This bill states that the intent to annoy or harass is established by proof of repeated communications that are unreasonable under the circumstances.

This bill states that anyone who knowingly contacts the 911 system via electronic communication for any reason other than an emergency is guilty of an infraction.

RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION

For the past several years this Committee has scrutinized legislation referred to its jurisdiction for any potential impact on prison overcrowding. Mindful of the United States Supreme Court ruling and federal court orders relating to the state’s ability to provide a constitutional level of health care to its inmate population and the related issue of prison overcrowding, this Committee has applied its “ROCA” policy as a content-neutral, provisional measure necessary to ensure that the Legislature does not erode progress in reducing prison overcrowding.

On February 10, 2014, the federal court ordered California to reduce its in-state adult institution population to 137.5% of design capacity by February 28, 2016, as follows:

• 143% of design bed capacity by June 30, 2014;
• 141.5% of design bed capacity by February 28, 2015; and,
• 137.5% of design bed capacity by February 28, 2016.

In December of 2015 the administration reported that as “of December 9, 2015, 112,510 inmates were housed in the State’s 34 adult institutions, which amounts to 136.0% of design bed capacity, and 5,264 inmates were housed in out-of-state facilities. The current population is 1,212 inmates below the final court-ordered population benchmark of 137.5% of design bed capacity, and has been under that benchmark since February 2015.” (Defendants’ December 2015 Status Report in Response to February 10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman v. Brown, Plata v. Brown (fn. omitted).) One year ago, 115,826 inmates were housed in the State’s 34 adult institutions, which amounted to 140.0% of design bed capacity, and 8,864 inmates were housed in out-of-state facilities. (Defendants’ December 2014 Status Report in Response to February 10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman v. Brown, Plata v. Brown (fn. omitted).)

While significant gains have been made in reducing the prison population, the state must stabilize these advances and demonstrate to the federal court that California has in place the “durable solution” to prison overcrowding “consistently demanded” by the court. (Opinion Re: Order Granting in Part and Denying in Part Defendants’ Request For Extension of December 31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court, Coleman v. Brown, Plata v. Brown (2-10-14). The Committee’s consideration of bills that may impact the prison population therefore will be informed by the following questions:

• Whether a proposal erodes a measure which has contributed to reducing the prison population;
• Whether a proposal addresses a major area of public safety or criminal activity for which there is no other reasonable, appropriate remedy;
• Whether a proposal addresses a crime which is directly dangerous to the physical safety of others for which there is no other reasonably appropriate sanction;
• Whether a proposal corrects a constitutional problem or legislative drafting error; and
• Whether a proposal proposes penalties which are proportionate, and cannot be achieved through any other reasonably appropriate remedy.

COMMENTS

1. Need for This Bill

According to the author:

Under current law, any person who telephones 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 one thousand dollars ($1,000), by imprisonment in a county jail for not more than six months, or by both the fine and imprisonment. The intent to annoy or harass can be established by proof of repeated calls over a period of time that are unreasonable under the circumstances. Upon conviction of a violation of this section, a person also shall be liable for all reasonable costs incurred by any unnecessary emergency response.

Calling 911 from a phone in California connects you with the emergency telephone response system. A “legacy system,” it was first established in California in the early 1970s to summon aid for medical, law enforcement, and fire department emergencies. Initially designed and developed for use with landlines, the system has been to the use of cell phones.

The next phase, Next Generation 9-1-1 or NextGen911 is now being implemented in California. This system is aimed at updating the 9-1-1 service infrastructure to improve public emergency communications services in a growingly wireless mobile society. In addition to calling 9-1-1 from a phone, it will enable the public to transmit text, images, video and data to a 9-1-1 center. NextGen911 also envisions additional types of emergency communications and data transfer and is intended to replace the current system over time.

San Bernardino County is one of the first places in California to implement the NextGen 911 system. As of November 5, 2015, twenty-one agencies in the Inland Empire went live with Text to 9-1-1 service and now answer texts and other types of media requests for emergency aid. Since the beginning of that start up these agencies are already receiving nuisance text messages. Existing law will not cover these messages.

2. Background; Effect of Legislation

The Warren 911 Emergency Assistance Act established the original 911 line in California as part of a national push to make 911 the primary contact number for emergencies nationwide. The Local Emergency Telephone Systems Article required localities to develop their own system or join a regional system for police, fire and medical emergency dispatch using the 911 phone number rather than the thousands of separate emergency numbers for each local department which previously existed. The regional dispatchers who connect 911 callers to the appropriate emergency response entity are called Public Safety Answering Points (PSAPs). Currently, there are 452 PSAPs statewide receiving tens of millions of calls each year, with approximately half of these coming from cell phones. The volume of calls and the difficulty in locating cell phone callers, among other issues, precipitated the need for an upgrade to the 911 system.

The Office of Emergency Services (OES) is responsible for planning, implementing and upgrading the 911 system statewide. Through the California 911 Emergency Communications Branch of the Logistics Operation Directorate, OES has begun the process of upgrading the 911 system as required under the Government Code. The IP based network of NextGen911 (NG911) will allow for capabilities such as location based routing, policy based routing and dynamic call routing between PSAPs. Additionally, applications like text, video and photos along with continual advancements in communications technology create the desire for a more advanced system to access emergency care. Currently, there are five NG911 pilot programs in the state. As these expand, the volume of text and other electronic communications to the 911system will increase.

The Penal Code provisions amended by this bill deter frivolous or harassing calls which can clog the 911 system. The National Emergency Number Association 911 dispatchers’ goal of answering 90% of calls in ten seconds or less were not met in many California counties due to high volume of calls. Frivolous calls, non-emergency calls or prank calls that include ‘swatting’ and other harassment consume dispatchers’ time and prevent them from helping individuals in actual emergencies. The Penal Code attempts to deter frivolous, harassing or otherwise inappropriate non – emergency calls by imposing a schedule of warnings and fines in the case of frivolous and non-emergency calls, or fines and jail time for use of the 911 system to annoy or harass dispatchers. However, both of these Code Sections prohibit only telephone calls and not the other electronic communications methods enabled by NG911 systems. This bill would prohibit those electronic communications.

-- END –

Date of Hearing: April 13, 2016

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

ABPCA Bill Id:AB 1769

Author:(Rodriguez) – As Amended Ver:March 28, 2016

Urgency: No State Mandated Local Program: Yes Reimbursable: No

SUMMARY:

This bill expands existing law, which makes a “nuisance call” to the 911 system a misdemeanor, subject to specific fines, by making the same prohibitions and penalties to other electronic communication devices.

FISCAL EFFECT:

Minor nonreimbursable costs to cities and counties for enforcement, offset to some extent by fine revenues.

COMMENTS:

Background/Purpose. The Warren 911 Emergency Assistance Act established the original 911 line in California as part of a national push to make 911 the primary contact number for emergencies nationwide. The Local Emergency Telephone Systems Article required localities to develop their own system or join a regional system for police, fire and medical emergency dispatch using the 911 phone number rather than the thousands of separate emergency numbers for each local department that existed previously. The regional dispatchers who connect 911 callers to the appropriate emergency response entity are called Public Safety Answering Points (PSAPs). Currently, there are 452 PSAPs statewide receiving tens of millions of calls each year, with approximately half of these coming from cell phones. The volume of calls and the difficulty in locating cell phone callers, among other issues, precipitated the need for an upgrade to the 911 system.

SB 1211 (Padilla), Chapter 926, Statutes of 2014, requires the Office of Emergency Services to develop a plan and timeline of target dates for testing, implementing, and operating a Next Generation 911 (NG911) emergency communication system, including text to 911 service, throughout California.

Current law attempts to deter frivolous, harassing or otherwise inappropriate non-emergency calls by imposing a schedule of warnings and fines in the case of frivolous and non-emergency calls, or fines and jail time for use of the 911 system to annoy or harass. However, this only applies to telephone calls –not the other electronic communications methods enabled by NG911 systems. This bill prohibits use of these other electronic communications.

Analysis Prepared by: Pedro Reyes / APPR. / (916) 319-2081

Date of Hearing:

Consultant: Matt Dean

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Reginald Byron Jones-Sawyer, Sr., Chair

ABPCA Bill Id:AB 1769

Author:(Rodriguez) – As Introduced Ver:

As Proposed to be Amended in Committee

SUMMARY: Prohibits contacting the 911 system via electronic communication -such as texting- for the purpose of annoying, harassing, or any purpose other than an emergency. Specifically, this bill:

1. Prohibits the use of electronic communications for the purpose of annoying or harassing an individual through the 911 system.
   
2. States that the intent to annoy or harass is established by proof of repeated communications that are unreasonable under the circumstances.
   
3. States that anyone of who knowingly contacts the 911 system via electronic communication for any reason other than an emergency is guilty of an infraction.

EXISTING LAW:

1. Prohibits the use of a telephone for the purpose of annoying or harassing an individual through the 911 line. (Pen. Code, § 653x, subd. (a).)
   
2. States that the intent to annoy or harass is established by proof of repeated calls that are unreasonable under the circumstances. (Pen. Code, § 653x, subd. (b).)
   
3. States that anyone guilty of using the 911 line to annoy or harass is responsible for all reasonable costs incurred by the unnecessary emergency response. (Pen. Code, § 653x, subd. (c).)
   
4. States that anyone who knowingly uses the 911 telephone system for any reason other than because of an emergency is guilty of an infraction, punishable by a warning for a first offense, and fines for subsequent offenses. (Pen. Code, § 653y)
   

FISCAL EFFECT: Unknown

COMMENTS:

1. Author's Statement: According to the author, "Calling 911from a phone in California connects you with the emergency telephone response system. A “legacy system,” it was first established in California in the early 1970s to summon aid for medical, law enforcement, and fire department emergencies.

“The 911 system was initially designed and developed for use with landlines. With the advent of cellular phones, the 911 landline system was adopted to use this new technology but has not significantly changed to reflect problems with the use of this new technology.

“California is currently in the process of adopting what is referred to as Next Generation 911 or NextGen911. This is an effort aimed at updating the 911 service infrastructure to improve public emergency communications services in an increasingly wireless mobile society by enabling the public to transmit text, images, video and other electronic data to a 911 center. NextGen911 is a digital system that will give intelligent routing so all calls will be taken to the closest dispatch center.

“Existing law contained in Section 635X of the Penal Code was enacted to criminalize the behavior of those who fraudulently or repeatedly and unnecessarily phone the 911 system. “Tying up the 911 system with repeated requests for aid or fraudulently asking for police, fire, ambulances and emergency medical resources to be sent to places where they are not needed is not only an abuse of the system but endangers lives.

“As the technology of the 911 system changes to include texts, emails, videos and other forms of electronic communication, California law must also change to protect the integrity and safety of the 911 system. San Bernardino County, one of the first locations in California to institute NextGen911 is already reporting nuisance texts.

“'Nuisance calls to 9-1-1 have been an issue for many years. As the first region in the State of California to provide Text to 9-1-1 Service for our citizens, it was evident early in the deployment process that amending PC653x to include any electronic device would be necessary,' stated San Bernardino County Sheriff John McMahon.”

1. Background: The Warren 911 Emergency Assistance Act established the original 911 line in California as part of a national push to make 911 the primary contact number for emergencies nationwide. The Local Emergency Telephone Systems Article required localities to develop their own system or join a regional system for police, fire and medical emergency dispatch using the 911 phone number rather than the thousands of separate emergency numbers for each local department which previously existed. The regional dispatchers who connect 911 callers to the appropriate emergency response entity are called Public Safety Answering Points (PSAPs). Currently, there are 452 PSAPs statewide receiving tens of millions of calls each year, with approximately half of these coming from cell phones. The volume of calls and the difficulty in locating cell phone callers, among other issues, precipitated the need for an upgrade to the 911 system.

The Office of Emergency Services (OES) is responsible for planning and implementation -and therefore, upgrades- of the 911 system statewide. Through the California 911 Emergency Communications Branch of the Logistics Operation Directorate, OES has begun the process of upgrading the 911 system as required under the Government Code. The IP based network of NextGen911 (NG911) will allow for capabilities such as location based routing, policy based routing and dynamic call routing between PSAPs. Additionally, applications like text, video, and photos along with continual advancements in communications technology create the desire for a more advanced system to access emergency care. Currently, there are five NG911 pilot programs in the state. As these expand, the volume of text and other electronic communications to the 911system will increase.

The Penal Code provisions amended by this bill deter frivolous or harassing calls which can clog the 911 system. The National Emergency Number Association 911 dispatchers’ goal of answering 90% of calls in ten seconds or less not being met in many California counties due to high volume of calls. Frivolous calls, non-emergency calls, prank calls including ‘swatting’ and other harassment consume dispatchers’ time and prevent them from helping individuals in actual emergencies. The Penal Code attempts to deter frivolous, harassing or otherwise inappropriate non-emergency calls by imposing a schedule of warnings and fines in the case of frivolous and non-emergency calls, or fines and jail time for use of the 911 system to annoy or harass. However, both of these Code Sections prohibit only telephone calls –not the other electronic communications methods enabled by NG911 systems. This bill would prohibit those electronic communications.

1. Argument in Support: The San Bernardino Sheriff’s Department, the sponsor of this bill, writes, “On behalf of the San Bernardino County Sheriff's Department and all public safety agencies in the Inland Empire, I would like to thank you for sponsoring Assembly Bill (AB) 1769. AB 1769, which amends Penal Code (PC) 653x to include nuisance texting. The current law only addresses nuisance 9-1-1 phone calls.

“As of November 5, 2015, twenty-one agencies in the Inland Empire went live with text to 9-1-1. Soon after its inception, the command center received several nuisance text messages. Amending PC 653x to include the nuisance 9-1-1 texting will not increase the fine or penalty. It will simply add nuisance texting to the current language.”

1. Prior Legislation:
   1. SB 1211 (Padilla), Chapter 926, Statutes of 2014, requires the Office of Emergency Services to develop a plan and timeline of target dates for testing, implementing, and operating a Next Generation 911 emergency communication system, including text to 911 service, throughout California.
      
   2. SB 333 (Lieu), Chapter 284, Statutes of 2013, makes a person convicted of filing a false emergency report liable to a public agency for the costs of the emergency response by that agency.
   3. AB 538 (Arambula) of the 2009-2010 Legislative Session, would have authorized an entity that provides emergency medical services to report a violation of this law to the public safety entity that originally received the call. AB 538 would have required the public safety entity originally receiving the call, if the public safety entity has verified that a violation has occurred, to issue the applicable warnings and citations, as specified. By imposing new duties on local officials, AB 538 would have imposed a state-mandated local program. AB 538 was vetoed.
   4. AB 2741 (Cannella), Chapter 262, Statutes of 1994, provides that it is a misdemeanor to telephone the 911 emergency line with the intent to annoy or harass another person, as defined, punishable by a fine of not more than $1,000, by imprisonment in a county jail for not more than six months, or by both the fine and imprisonment. This statute also provides that, upon conviction of a violation of this provision, a person shall be liable for all reasonable costs incurred by any unnecessary emergency response.

REGISTERED SUPPORT / OPPOSITION:

Support

San Bernardino County Sheriff’s Department (Sponsor)

Association of Los Angeles Deputy Sheriffs

California Association of Code Enforcement Officers

California College and University Police Chiefs Association

California Fire Chiefs Association

California Narcotics Officers Association

California Peace Officers Association

California Police Chiefs Association

California State Sheriffs Association

Fire Districts Association of California

Los Angeles County Professional Peace Officers Association

Los Angeles Police Protective League

Riverside Sheriffs Association

Opposition

None

Analysis Prepared by:

Matt Dean / PUB. S. / (916) 319-3744