AB 1872: False reporting.

148.3.

(a) Any (1) An individual who reports, or causes any report to be made, to any a 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 An individual who reports, or causes any a report to be made, to any a 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 exceeding ten thousand dollars ($10,000), or by both that imprisonment and fine.

(c) “Emergency” as used in this section means any a 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 an area, building, structure, vehicle, or of any other place that any an individual may enter, or any a 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 This section does not preclude punishment for the conduct described in subdivision (a) or (b) under any other section of law providing that provides for greater punishment for that conduct.

(e) Any An 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. agency and is liable to another party for property damage incurred by the other party as a result of the emergency response.

653x.

(a) (1) 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 not more than exceeding one thousand dollars ($1,000), by imprisonment in a county jail for not more than exceeding six months, or by both the that fine and imprisonment. Nothing in this This section shall not apply to telephone calls or communications using electronic devices made in good faith.

(b) 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.

(c) Upon conviction of a violation of this section, a person also an individual shall be liable for all the reasonable costs incurred by any an unnecessary emergency response. response, including property damage incurred by any party as a result of the emergency response.