Existing law makes it a misdemeanor to report an emergency to specified government entities knowing that report to be false. Existing law makes it a misdemeanor to initiate communication with the 911 emergency system with the intent to annoy or harass another person.

This bill would additionally make those offenses punishable as felonies. make a second or subsequent violation of these provisions punishable as a misdemeanor or felony for a person who is 18 years of age or older. By increasing the penalty for 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 a misdemeanor to report an emergency to specified government entities knowing that report to be false. Existing law makes it a misdemeanor to initiate communication with the 911 emergency system with the intent to annoy or harass another person.

This bill would additionally make those offenses punishable as felonies. By increasing the penalty for 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.

Date of Hearing: May 8, 2024

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

ABPCA Bill Id:AB 2609

Author:(Ta) – As Amended Ver:April 25, 2024

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

SUMMARY:

This bill increases the punishment for a second or subsequent conviction for specified “swatting” offenses, from a misdemeanor to an alternative felony-misdemeanor (“wobbler”). The bill specifies the increased punishment does not apply to a person who was a minor at the time they committed an otherwise applicable offense.

FISCAL EFFECT:

Incarceration costs (local funds, General Fund) to the counties and the California Department of Corrections and Rehabilitation of an unknown but significant amount. This bill imposes longer county jail terms for a defendant convicted of a subsequent violation than imposed under existing law, and, if the defendant has certain prior convictions, requires the defendant be sentenced to state prison. Actual incarceration costs will depend on the number of convictions, the length of each sentence, and whether each sentence must be served in county jail or state prison. The average annual cost to incarcerate one person in county jail is approximately $29,000. The Legislative Analyst’s Office (LAO) estimates the average annual cost to incarcerate one person in state prison is $133,000. Although county incarceration costs are generally not considered reimbursable state mandates pursuant to Proposition 30 (2012), overcrowding in county jails creates cost pressure on the General Fund because the state has historically granted new funding to counties to offset overcrowding resulting from 2011 public safety realignment.

According to the LAO, the General Fund faces a structural deficit in the tens of billions of dollars over the next several fiscal years. 

COMMENTS:

1. Purpose. According to the author:

Any person, including public servants, can easily be a target of swatting regardless of position or partisanship. This serious crime wastes public resources, leads to property damage, causes undue stress for the victims, including elected officials and staffers, and risks serious injury or death. Swatting is more than just a threat to the safety of individuals, including our public officials and their families – it’s an affront to democracy.

1. Background. Colloquially, “swatting” means calling 911 or otherwise falsely reporting an emergency situation at a location in an attempt to draw a law enforcement SWAT team to the location. There are several criminal offenses that may be charged if a person swats another person. Under existing law, it is a misdemeanor to knowingly make a false report of an emergency to a state or local department or agency. This offense is punishable by up to one year in county jail. It is also a misdemeanor to call or otherwise use an electronic communication device to communicate with a 911 emergency system with the intent to annoy or harass another person. This offense is punishable by up to six months in county jail. Currently, there is no distinction between the punishment for a defendant’s first conviction or any subsequent convictions for these offenses.

This bill increases, from a misdemeanor to a wobbler, the penalty for a second or subsequent conviction for these offenses. For both offenses, a misdemeanor subsequent conviction is punishable by up to one year in county jail. A felony conviction is punishable by 16 months, two years, or three years in county jail, or, if the defendant has certain prior convictions, by a term in state prison. The bill specifies that these increased punishments are not applicable to a minor.

Research shows that lengthy criminal sentences, which are costly to state and local governments, do not effectively deter crime. In general, the certainty that someone will be punished for an offense plays a larger role in deterring their criminal activity, rather than the length of their potential punishment.

Analysis Prepared by: Annika Carlson / APPR. / (916) 319-2081

Date of Hearing: April 23, 2024

Counsel: Andrew Ironside

ASSEMBLY COMMITTEE ON

Kevin McCarty, Chair

ABPCA Bill Id:

Author:() – As Ver:

VOTE ONLY

As Proposed to be Amended in Committee

SUMMARY:

Increases the punishment for a second of subsequent offense of “swatting” from a misdemeanor to a wobbler. Specifically, this bill:

1. Provides that second or subsequent offense of reporting an “emergency” to a government entity, knowing that the report is false, is punishable by up to one year in county jail, by a fine of up to $1,000, by both imprisonment and a fine, or of a felony punishable by 16 months, 2 years, or 3 years in county jail.
   
2. Provides that a second of subsequent offense of telephoning or using an electronic communication device to contact 911 with the intent to annoy or harass another person is a misdemeanor punishable by up to six months in county jail, by a fine of up to $1,000, by both imprisonment and a fine, or of a felony punishable by 16 months, 2 years, or 3 years in county jail.
   
3. Provides that the increased penalties for a second or subsequent offense for swatting does not apply to a person who was under 18 years of age at the time they committed the offense.

EXISTING LAW:

1. Makes reporting to a government agency that an emergency exists, knowing that the report is false, a misdemeanor punishable by imprisonment in county jail for up to one year, a fine of up to $1,000, or both. (Pen. Code, § 148.3, subd. (a).)
   
2. Makes knowingly making a false report of an emergency to a government agency, knowing that the response to the report is likely to cause death or great bodily injury, and great bodily injury or death results, a felony punishable by imprisonment in county jail for 16 months, 2 years, or 3 years. (Pen. Code, § 148.3, subd. (b).)
   
3. Provides that a person who telephones or uses an electronic communication device to initiate communication with the 911 emergency system with the intent to annoy or harass another person is guilty of a misdemeanor punishable by a fine of up to $1,000, by imprisonment in a county jail for up to six months, or both. (Pen. Code, § 653x, subd. (a).)
   
4. Provides that an intent to annoy or harass is established by proof of repeated calls or communications over a period of time, however short, that are unreasonable under the circumstances. (Pen. Code, § 653x, subd. (b).)
   
5. Provides that an individual is liable to a public agency for the reasonable costs of the emergency response by that public agency when convicted of knowingly making a false report or calling 911 with the intent to annoy or harass another person. (Pen. Code, § 148.3, subd. (e); Pen. Code, § 653x, subd. (c).)
   
6. Makes knowingly allowing the use of or using the 911 emergency system for any reason other than an emergency an infraction, as specified. (Pen. Code, § 653y, subd. (a).)
   
7. Makes knowingly allowing the use of or using the 911 emergency system for the purpose of harassing another punishable by a fine of $250 or a misdemeanor punishable by up to six months in county jail, by a fine of up to $1,000, or both; a second or subsequent offense is a misdemeanor punishable by up to six months in county jail, by a fine of up to $1,000, or both. (Pen. Code, § 653y, subd. (b).)
   
8. Makes knowingly allowing the use of or using the 911 emergency system for the purpose of harassing another person, and that act is a hate crime or violation of a condition of probation, a misdemeanor punishable by up to one year in county jail, by a fine of between $500 and $2,000, or both. (Pen. Code, § 653y, subd. (c).)
   
9. States that every person who files a petition for a GVRO knowing the information in the petition to be false or with the intent to harass, is guilty of a misdemeanor. (Pen. Code, § 18200.)
   
10. Makes it a misdemeanor to file a report with law enforcement that that a felony or misdemeanor has been committed, knowing the report to be false. (Pen. Code, § 148.5, subd. (a)
    
11. Defines “emergency” as 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, as specified. (Pen. Code, § 148.3, subd. (c).)
    

FISCAL EFFECT:

Unknown

COMMENTS:

1. Author's Statement: According to the author, “Any person, including public servants, can easily be a target of swatting regardless of position or partisanship. This serious crime wastes public resources, leads to property damage, causes undue stress for the victims, including elected officials and staffers, and risks serious injury or death. Swatting is more than just a threat to the safety of individuals, including our public officials and their families – it’s an affront to democracy.”
   
2. ‘Swatting’: According to one security expert, “Swatting involves people making fraudulent 911 calls reporting serious-level criminal threats or violent situations like bomb threats, hostages, killing, etc. to fool the police into raiding the house or business of somebody who is not actually committing a crime.” (Ward, The FBI has formed a national database to track and prevent ‘swatting’, NBCNews.com (June 29, 2023) <https://www.nbcnews.com/news/us-news/fbi-formed-national-database-track-prevent-swatting-rcna91722> [last visited Mar. 27, 2024].)
   
   There have been numerous high-profile swatting instance in recent years. (See e.g., Cadelago, California lieutenant governor ‘swatted’ after push to boot Trump from ballot, Politico.com (Jan. 4, 2024) <https://www.politico.com/news/2024/01/04/california-lieutenant-governor-swatted-after-push-to-boot-trump-from-ballot-00133952> [last visited Mar. 27, 2024].) According to Politico, “A broad range of politicians and other public figures have been targeted by swatting calls for a variety of reasons that aren’t always tied to Trump. The pranks are designed to fool unsuspecting police into responding with force, sometimes with their arms drawn. Callers have reported fake incidents at the homes of Boston Mayor Michelle Wu, a Democrat, and Republican Rep. Majorie Taylor Greene of Georgia has claimed multiple incidents, criticizing the FBI while lauding local police for their response.” (Ibid.)
   
   The FBI recently launched a “Virtual Command Center” in partnership with state and local law enforcement to help track and prevent swatting incidents. (Ward, supra.) “The initiative allows police and intelligence fusion centers to share details of swatting incidents taking place within their jurisdictions, providing authorities nationwide with a “common operating picture” regarding the nature of the threat, and can assist in identifying whether the same perpetrator is responsible for multiple incidents.” (Campbell, High-profile political figures are the targets in latest wave of ‘swatting’ incidents. Why the trend is so alarming, CNN.com (Jan. 15, 2024) <https://www.cnn.com/2024/01/14/us/swatting-incidents-trend-explained/index.html> [last visited Mar. 37, 2024].)
   
3. This Bill is Inconsistent with Other Provisions of Law: This bill would increases the punishment for “swatting” from a misdemeanor to a wobbler. However, allowing for an alternate misdemeanor-felony in swatting cases is arguably inconsistent with provisions of law intended to prohibit similar conduct and prevent similar harms.
   
   For example, AB 1775 (Jones-Sawyer), Chapter 327, Statutes of 2020, made a number of changes in criminal and civil law to discourage individuals from using 911 or other communications with law enforcement to harass people. That bill was an explicit response to a number of media reports on people calling 911 and making false claims to harass others, in part because the target individuals were members of a protected class. (See e.g., North, Amy Cooper’s 911 call is part of an all-too-familiar pattern, Vox.com (May 26, 2020) <https://www.vox.com/2020/5/26/21270699/amy-cooper-franklin-templeton-christian-central-park> [last visited Mar. 27, 2024].) The threat posed by such reports is likely greater to communities of color, and particularly to Black men. (Cf. Premkumar, Police Use of Force and Misconduct in California, PPIC (Oct. 2021) <https://www.ppic.org/publication/police-use-of-force-and-misconduct-in-california/> [last visited Mar. 27, 2024].)
   
   Under existing law, it is a misdemeanor punishable by up to one year in county jail to use the 911 emergency system to harass another person if the conduct qualifies as a hate crime, as specified. (Pen. Code, § 653y, subd. (c).) Where no evidence of hate crime exists, knowingly using the 911 emergency system for the purpose of harassing another is an alternate infraction-misdemeanor for a first offense, and a straight misdemeanor for a second of subsequent offense. In these circumstances, a misdemeanor for a first offense would carry possible imprisonment in county jail for up to six months, whereas a second or subsequent offense carries a punishment of up to one year in county jail. (Pen. Code, § 653y, subd. (b)(1) & (2).)
   

Similarly, existing law makes it a misdemeanor to knowingly file a false police report (Pen. Code, § 148.5, subd. (a)); to file a petition for a gun violence restraining order knowing that the information in the petition is false or with the intent to harass (Pen. Code, § 18200); and, to willfully and maliciously sound a false alarm of fire (Pen. Code, § 148.4, subd. (a)). Like ‘swatting,’ these acts all require agencies to divert resources from legitimate duties to handle false reports; and, in many cases, these acts could cause potentially volatile interactions between emergency responders and those targeted by a false report.

Finally, existing law already provides for up to 3 years in county jail for ‘swatting’ when the false report results in death or great bodily injury if the person knew or should have known that that result was likely. (Pen. Code, § 148.3, subd. (b); see also Pen. Code, § 148.4, subd. (b) [false fire alarm resulting in serious bodily injury or death].) This bill would allow for felony punishment of up to 3 years for swatting even when there was no injury. As a result, a person convicted of swatting when no injury results could receive the same, or even longer, sentence as another person whose conduct resulted in great bodily injury or death.

1. Deterrence: Research shows that increasing the severity of the punishment does little to deter the crime. According to the National Institute of Justice, laws and policies designed to deter crime by focusing mainly on increasing the severity of punishment are ineffective partly because criminals know little about the sanctions for specific crimes. More severe punishments do not “chasten” individuals convicted of crimes, and prisons may exacerbate recidivism. Studies show that for most individuals convicted of a crime, short to moderate prison sentences may be a deterrent but longer prison terms produce only a limited deterrent effect. In addition, the crime prevention benefit falls far short of the social and economic costs. (National Institute of Justice, Five Things about Deterrence <https://www.ojp.gov/pdffiles1/nij/247350.pdf> [as of Feb. 15, 2023].)
   
2. Argument in Support: According to the California District Attorneys Association, “Swatting, and other false emergencies and misuse of the 911 system, are on the rise and are increasing in seriousness. These incidents have the very real potential for deadly consequences and are a threat to public safety. By permitting a felony to be charged in appropriate cases, judges will have the authority to impose punishment that fits the crime. A report of a fake emergency that results in a response by law enforcement, especially a special weapons and tactics team (SWAT) should not be chargeable as a misdemeanor only.”
   
3. Argument in Opposition: According to Ella Baker Center for Human Rights, “Existing law currently provides two levels of punishment for the crime of making an emergency report to a government or government agency, knowing that such a report is false. The level of punishment is dependent on whether the person making the false report 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. Current law makes this distinction because the level of punishment connected to a crime should be proportional to the seriousness of the crime. This bill seeks to turn that principle of punishment on its head by making a crime of lower level consequences (false report) punishable to the same degree as a crime of false report that results in great bodily injury. The lower level crimes which are the subject of this bill are appropriately classified as misdemeanors and should remain as such.
   
   “Extensive research proves that overly long sentences, and the threat of such sentences do not reduce or prevent crime. People do not calculate the number of years in prison before acting. In 2014, the National Academy of Sciences published a 444-page review of studies of sentencing policies and their positive and negative effects on crime rates and community safety. Among their conclusions were:
   

‘Given the small crime prevention effects of long prison sentences and the possibly high financial, social, and human costs of incarceration, federal and state policy makers should revise current criminal justice policies to significantly reduce the rate of incarceration in the United States. In particular, they should re-examine policies regarding mandatory prison sentences and long sentences.’

“Wasting taxpayers’ precious funds on policies that increase sentencing when the state is facing a massive budget deficit is shortsighted and bad public policy. California already spends too much money on mass incarceration, having built far more prisons than universities in the last 30 years. And the harms done to families and communities undermine the very intent of law to protect and enhance public safety.

“Additionally, a 2015 report by the Ella Baker Center for Human Rights, Forward Together, and Research Action Design Who Pays, The True Cost of Incarceration on Families details how incarceration destabilizes entire families and communities. Many people who return from incarceration face extreme barriers to finding jobs and housing and reintegrating into society. Family members of incarcerated people also struggle with overwhelming debt from court costs, visitation and telephone fees, and diminished family revenue. The longer the sentence, the more severe these problems.”

1. Related Legislation: SB 970 (Ashby), would provide that the use of video or voice cloning technology with the intent to impersonate another is deemed to be false impersonation. SB 970 is pending hearing in the Senate Judiciary Committee.
   
2. Prior Legislation:
   
   1. AB 1775 (Jones-Sawyer), Chapter 327, Statutes of 2020, made a number of changes in criminal and civil law to discourage individuals from using 911 or other communications with law enforcement to harass a person because that person belongs to a protected class.
      
   2. AB 1695 (R. Bonta), Chapter 47, Statutes of 2016, expanded the existing misdemeanor of making a false report to law enforcement to include that a firearm has been lost or stolen, and institutes a 10-year ban on owning a firearm for those convicted of making a false report.
      
   3. AB 1769 (Rodriguez) Chapter 96, Statutes of 2016, prohibited contacting the 911 system via electronic communication -such as texting- for the purpose of annoying, harassing, or any purpose other than an emergency.
      
   4. SB 333 (Lieu) Chapter 284, Statutes of 2013, made a person convicted of filing a false emergency report liable for the costs of the emergency response.
      
   5. AB 538 (Juan Arambula), of the 2009-2010 Legislative Session, would have authorized agencies that provide emergency medical services to report misuse of the 911 system to the public safety entity that originally received the call. Governor Brown vetoed AB 538.
      
   6. AB 1976 (Benoit), Chapter 89, Statutes of 2008, increased the penalties for knowingly using the 911 system for any reason other than an emergency.
   7. AB 2225 (Mountjoy), Chapter 227, Statutes 2006, added activation of the Emergency Alert System to the definition of “emergency” for which an individual making a knowingly false report is guilty of misdemeanor.
      
   8. AB 911 (Longville), Chapter 295, Statutes of 2004, created a new infraction for using the 911 telephone system for purposes other than an emergency, as defined.
      
   9. SB 2057 (O’Connell), Chapter 521, Statutes of 2002, required the felony offense of knowingly making a false emergency report to public officials that results in great bodily injury or death to include knowledge that great bodily injury or death was likely.
      
   10. AB 2741 (Cannella), Chapter 262, Statutes of 1994, made it a misdemeanor to telephone the 911 emergency system with the intent to annoy or harass another person.

REGISTERED SUPPORT / OPPOSITION:

Support

Arcadia Police Officers' Association
Burbank Police Officers' Association
California District Attorneys Association
California Reserve Peace Officers Association
California State Sheriffs' Association
Claremont Police Officers Association
Corona Police Officers Association
Culver City Police Officers' Association
Deputy Sheriffs' Association of Monterey County
Fullerton Police Officers' Association
Murrieta Police Officers' Association
Newport Beach Police Association
Novato Police Officers Association
Palos Verdes Police Officers Association
Placer County Deputy Sheriffs' Assocation
Pomona Police Officers' Association
Riverside Police Officers Association
Riverside Sheriffs' Association
San Bernardino County Sheriff's Department
Santa Ana Police Officers Association
Upland Police Officers Association

Oppose

ACLU California Action
California Attorneys for Criminal Justice
California Public Defenders Association
Californians United for A Responsible Budget
Ella Baker Center for Human Rights
Initiate Justice
Initiate Justice Action
Legal Services for Prisoner With Children
Smart Justice California, a Project of Tides Advocacy

Analysis Prepared by:

Date of Hearing: April 2, 2024

Counsel: Andrew Ironside

ASSEMBLY COMMITTEE ON

Kevin McCarty, Chair

ABPCA Bill Id:

Author:() – As Ver:

SUMMARY:

Increases the punishment for “swatting” from a misdemeanor to a wobbler. Specifically, this bill:

1. Provides that a person who reports an “emergency” to a government entity, knowing that the report is false, is guilty either of a misdemeanor punishable by up to one year in county jail, by a fine of up to $1,000, by both imprisonment and a fine, or of a felony punishable by 16 months, 2 years, or 3 years in county jail.
   
2. Provides that a person who telephones or uses an electronic communication device to contact 911 with the intent to annoy or harass another person is guilty either of a misdemeanor punishable by up to six months in county jail, by a fine of up to $1,000, by both imprisonment and a fine, or of a felony punishable by 16 months, 2 years, or 3 years in county jail.

EXISTING LAW:

1. Makes reporting to a government agency that an emergency exists, knowing that the report is false, a misdemeanor punishable by imprisonment in county jail for up to one year, a fine of up to $1,000, or both. (Pen. Code, § 148.3, subd. (a).)
   
2. Makes knowingly making a false report of an emergency to a government agency, knowing that the response to the report is likely to cause death or great bodily injury, and great bodily injury or death results, a felony punishable by imprisonment in county jail for 16 months, 2 years, or 3 years. (Pen. Code, § 148.3, subd. (b).)
   
3. Provides that a person who telephones or uses an electronic communication device to initiate communication with the 911 emergency system with the intent to annoy or harass another person is guilty of a misdemeanor punishable by a fine of up to $1,000, by imprisonment in a county jail for up to six months, or both. (Pen. Code, § 653x, subd. (a).)
   
4. Provides that an intent to annoy or harass is established by proof of repeated calls or communications over a period of time, however short, that are unreasonable under the circumstances. (Pen. Code, § 653x, subd. (b).)
   
5. Provides that an individual is liable to a public agency for the reasonable costs of the emergency response by that public agency when convicted of knowingly making a false report or calling 911 with the intent to annoy or harass another person. (Pen. Code, § 148.3, subd. (e); Pen. Code, § 653x, subd. (c).)
   
6. Makes knowingly allowing the use of or using the 911 emergency system for any reason other than an emergency an infraction, as specified. (Pen. Code, § 653y, subd. (a).)
   
7. Makes knowingly allowing the use of or using the 911 emergency system for the purpose of harassing another punishable by a fine of $250 or a misdemeanor punishable by up to six months in county jail, by a fine of up to $1,000, or both; a second or subsequent offense is a misdemeanor punishable by up to six months in county jail, by a fine of up to $1,000, or both. (Pen. Code, § 653y, subd. (b).)
   
8. Makes knowingly allowing the use of or using the 911 emergency system for the purpose of harassing another person, and that act is a hate crime or violation of a condition of probation, a misdemeanor punishable by up to one year in county jail, by a fine of between $500 and $2,000, or both. (Pen. Code, § 653y, subd. (c).)
   
9. States that every person who files a petition for a GVRO knowing the information in the petition to be false or with the intent to harass, is guilty of a misdemeanor. (Pen. Code, § 18200.)
   
10. Makes it a misdemeanor to file a report with law enforcement that that a felony or misdemeanor has been committed, knowing the report to be false. (Pen. Code, § 148.5, subd. (a)
    
11. Defines “emergency” as 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, as specified. (Pen. Code, § 148.3, subd. (c).)
    

FISCAL EFFECT:

Unknown

COMMENTS:

1. Author's Statement: According to the author, “Any person, including public servants, can easily be a target of swatting regardless of position or partisanship. This serious crime wastes public resources, leads to property damage, causes undue stress for the victims, including elected officials and staffers, and risks serious injury or death. Swatting is more than just a threat to the safety of individuals, including our public officials and their families – it’s an affront to democracy.”
   
2. ‘Swatting’: According to one security expert, “Swatting involves people making fraudulent 911 calls reporting serious-level criminal threats or violent situations like bomb threats, hostages, killing, etc. to fool the police into raiding the house or business of somebody who is not actually committing a crime.” (Ward, The FBI has formed a national database to track and prevent ‘swatting’, NBCNews.com (June 29, 2023) <https://www.nbcnews.com/news/us-news/fbi-formed-national-database-track-prevent-swatting-rcna91722> [last visited Mar. 27, 2024].)
   
   There have been numerous high-profile swatting instance in recent years. (See e.g., Cadelago, California lieutenant governor ‘swatted’ after push to boot Trump from ballot, Politico.com (Jan. 4, 2024) <https://www.politico.com/news/2024/01/04/california-lieutenant-governor-swatted-after-push-to-boot-trump-from-ballot-00133952> [last visited Mar. 27, 2024].) According to Politico, “A broad range of politicians and other public figures have been targeted by swatting calls for a variety of reasons that aren’t always tied to Trump. The pranks are designed to fool unsuspecting police into responding with force, sometimes with their arms drawn. Callers have reported fake incidents at the homes of Boston Mayor Michelle Wu, a Democrat, and Republican Rep. Majorie Taylor Greene of Georgia has claimed multiple incidents, criticizing the FBI while lauding local police for their response.” (Ibid.)
   
   The FBI recently launched a “Virtual Command Center” in partnership with state and local law enforcement to help track and prevent swatting incidents. (Ward, supra.) “The initiative allows police and intelligence fusion centers to share details of swatting incidents taking place within their jurisdictions, providing authorities nationwide with a “common operating picture” regarding the nature of the threat, and can assist in identifying whether the same perpetrator is responsible for multiple incidents.” (Campbell, High-profile political figures are the targets in latest wave of ‘swatting’ incidents. Why the trend is so alarming, CNN.com (Jan. 15, 2024) <https://www.cnn.com/2024/01/14/us/swatting-incidents-trend-explained/index.html> [last visited Mar. 37, 2024].)
   
3. This Bill is Inconsistent with Other Provisions of Law: This bill would increases the punishment for “swatting” from a misdemeanor to a wobbler. However, allowing for an alternate misdemeanor-felony in swatting cases is arguably inconsistent with provisions of law intended to prohibit similar conduct and prevent similar harms.
   
   For example, AB 1775 (Jones-Sawyer), Chapter 327, Statutes of 2020, made a number of changes in criminal and civil law to discourage individuals from using 911 or other communications with law enforcement to harass people. That bill was an explicit response to a number of media reports on people calling 911 and making false claims to harass others, in part because the target individuals were members of a protected class. (See e.g., North, Amy Cooper’s 911 call is part of an all-too-familiar pattern, Vox.com (May 26, 2020) <https://www.vox.com/2020/5/26/21270699/amy-cooper-franklin-templeton-christian-central-park> [last visited Mar. 27, 2024].) The threat posed by such reports is likely greater to communities of color, and particularly to Black men. (Cf. Premkumar, Police Use of Force and Misconduct in California, PPIC (Oct. 2021) <https://www.ppic.org/publication/police-use-of-force-and-misconduct-in-california/> [last visited Mar. 27, 2024].)
   
   Under existing law, it is a misdemeanor punishable by up to one year in county jail to use the 911 emergency system to harass another person if the conduct qualifies as a hate crime, as specified. (Pen. Code, § 653y, subd. (c).) Where no evidence of hate crime exists, knowingly using the 911 emergency system for the purpose of harassing another is an alternate infraction-misdemeanor for a first offense, and a straight misdemeanor for a second of subsequent offense. In these circumstances, a misdemeanor for a first offense would carry possible imprisonment in county jail for up to six months, whereas a second or subsequent offense carries a punishment of up to one year in county jail. (Pen. Code, § 653y, subd. (b)(1) & (2).)
   

Similarly, existing law makes it a misdemeanor to knowingly file a false police report (Pen. Code, § 148.5, subd. (a)); to file a petition for a gun violence restraining order knowing that the information in the petition is false or with the intent to harass (Pen. Code, § 18200); and, to willfully and maliciously sound a false alarm of fire (Pen. Code, § 148.4, subd. (a)). Like ‘swatting,’ these acts all require agencies to divert resources from legitimate duties to handle false reports; and, in many cases, these acts could cause potentially volatile interactions between emergency responders and those targeted by a false report.

Finally, existing law already provides for up to 3 years in county jail for ‘swatting’ when the false report results in death or great bodily injury if the person knew or should have known that that result was likely. (Pen. Code, § 148.3, subd. (b); see also Pen. Code, § 148.4, subd. (b) [false fire alarm resulting in serious bodily injury or death].) This bill would allow for felony punishment of up to 3 years for swatting even when there was no injury. As a result, a person convicted of swatting when no injury results could receive the same, or even longer, sentence as another person whose conduct resulted in great bodily injury or death.

1. Deterrence: Research shows that increasing the severity of the punishment does little to deter the crime. According to the National Institute of Justice, laws and policies designed to deter crime by focusing mainly on increasing the severity of punishment are ineffective partly because criminals know little about the sanctions for specific crimes. More severe punishments do not “chasten” individuals convicted of crimes, and prisons may exacerbate recidivism. Studies show that for most individuals convicted of a crime, short to moderate prison sentences may be a deterrent but longer prison terms produce only a limited deterrent effect. In addition, the crime prevention benefit falls far short of the social and economic costs. (National Institute of Justice, Five Things about Deterrence <https://www.ojp.gov/pdffiles1/nij/247350.pdf> [as of Feb. 15, 2023].)
   
2. Argument in Support: According to the California District Attorneys Association, “Swatting, and other false emergencies and misuse of the 911 system, are on the rise and are increasing in seriousness. These incidents have the very real potential for deadly consequences and are a threat to public safety. By permitting a felony to be charged in appropriate cases, judges will have the authority to impose punishment that fits the crime. A report of a fake emergency that results in a response by law enforcement, especially a special weapons and tactics team (SWAT) should not be chargeable as a misdemeanor only.”
   
3. Argument in Opposition: According to Ella Baker Center for Human Rights, “Existing law currently provides two levels of punishment for the crime of making an emergency report to a government or government agency, knowing that such a report is false. The level of punishment is dependent on whether the person making the false report 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. Current law makes this distinction because the level of punishment connected to a crime should be proportional to the seriousness of the crime. This bill seeks to turn that principle of punishment on its head by making a crime of lower level consequences (false report) punishable to the same degree as a crime of false report that results in great bodily injury. The lower level crimes which are the subject of this bill are appropriately classified as misdemeanors and should remain as such.
   
   “Extensive research proves that overly long sentences, and the threat of such sentences do not reduce or prevent crime. People do not calculate the number of years in prison before acting. In 2014, the National Academy of Sciences published a 444-page review of studies of sentencing policies and their positive and negative effects on crime rates and community safety. Among their conclusions were:
   

‘Given the small crime prevention effects of long prison sentences and the possibly high financial, social, and human costs of incarceration, federal and state policy makers should revise current criminal justice policies to significantly reduce the rate of incarceration in the United States. In particular, they should re-examine policies regarding mandatory prison sentences and long sentences.’

“Wasting taxpayers’ precious funds on policies that increase sentencing when the state is facing a massive budget deficit is shortsighted and bad public policy. California already spends too much money on mass incarceration, having built far more prisons than universities in the last 30 years. And the harms done to families and communities undermine the very intent of law to protect and enhance public safety.

“Additionally, a 2015 report by the Ella Baker Center for Human Rights, Forward Together, and Research Action Design Who Pays, The True Cost of Incarceration on Families details how incarceration destabilizes entire families and communities. Many people who return from incarceration face extreme barriers to finding jobs and housing and reintegrating into society. Family members of incarcerated people also struggle with overwhelming debt from court costs, visitation and telephone fees, and diminished family revenue. The longer the sentence, the more severe these problems.”

1. Related Legislation: SB 970 (Ashby), would provide that the use of video or voice cloning technology with the intent to impersonate another is deemed to be false impersonation. SB 970 is pending hearing in the Senate Judiciary Committee.
   
2. Prior Legislation:
   
   1. AB 1775 (Jones-Sawyer), Chapter 327, Statutes of 2020, made a number of changes in criminal and civil law to discourage individuals from using 911 or other communications with law enforcement to harass a person because that person belongs to a protected class.
      
   2. AB 1695 (R. Bonta), Chapter 47, Statutes of 2016, expanded the existing misdemeanor of making a false report to law enforcement to include that a firearm has been lost or stolen, and institutes a 10-year ban on owning a firearm for those convicted of making a false report.
      
   3. AB 1769 (Rodriguez) Chapter 96, Statutes of 2016, prohibited contacting the 911 system via electronic communication -such as texting- for the purpose of annoying, harassing, or any purpose other than an emergency.
      
   4. SB 333 (Lieu) Chapter 284, Statutes of 2013, made a person convicted of filing a false emergency report liable for the costs of the emergency response.
      
   5. AB 538 (Juan Arambula), of the 2009-2010 Legislative Session, would have authorized agencies that provide emergency medical services to report misuse of the 911 system to the public safety entity that originally received the call. Governor Brown vetoed AB 538.
      
   6. AB 1976 (Benoit), Chapter 89, Statutes of 2008, increased the penalties for knowingly using the 911 system for any reason other than an emergency.
   7. AB 2225 (Mountjoy), Chapter 227, Statutes 2006, added activation of the Emergency Alert System to the definition of “emergency” for which an individual making a knowingly false report is guilty of misdemeanor.
      
   8. AB 911 (Longville), Chapter 295, Statutes of 2004, created a new infraction for using the 911 telephone system for purposes other than an emergency, as defined.
      
   9. SB 2057 (O’Connell), Chapter 521, Statutes of 2002, required the felony offense of knowingly making a false emergency report to public officials that results in great bodily injury or death to include knowledge that great bodily injury or death was likely.
      
   10. AB 2741 (Cannella), Chapter 262, Statutes of 1994, made it a misdemeanor to telephone the 911 emergency system with the intent to annoy or harass another person.

REGISTERED SUPPORT / OPPOSITION:

Support

Arcadia Police Officers' Association
Burbank Police Officers' Association
California District Attorneys Association
California Reserve Peace Officers Association
California State Sheriffs' Association
Claremont Police Officers Association
Corona Police Officers Association
Culver City Police Officers' Association
Deputy Sheriffs' Association of Monterey County
Fullerton Police Officers' Association
Murrieta Police Officers' Association
Newport Beach Police Association
Novato Police Officers Association
Palos Verdes Police Officers Association
Placer County Deputy Sheriffs' Assocation
Pomona Police Officers' Association
Riverside Police Officers Association
Riverside Sheriffs' Association
San Bernardino County Sheriff's Department
Santa Ana Police Officers Association
Upland Police Officers Association

Opposition

ACLU California Action
California Attorneys for Criminal Justice
California Public Defenders Association
Ella Baker Center for Human Rights
Initiate Justice
Initiate Justice Action
Legal Services for Prisoner With Children
Smart Justice California, a Project of Tides Advocacy

Analysis Prepared by: