AB 1775 — False reports and harassment.

Summary

(1) Existing law makes certain publications and communications, including certain communications in a legislative proceeding, judicial proceeding, any other official proceeding authorized by law, or in the initiation or course of any other proceeding authorized by law and reviewable pursuant to a writ of mandate, privileged, and therefore protected from civil action, subject to certain exceptions. These exceptions include any communication made in a judicial proceeding knowingly concealing the existence of an insurance policy or policies. This bill would additionally create an exception to the privilege provisions for any communication between a person and a law enforcement agency in which the person knowingly or recklessly makes a false report that another person has committed, or is in the act of committing, a criminal act or is engaged in an activity requiring law enforcement intervention. (2) Existing law, the Ralph Civil Rights Act of 1976, provides that all persons within the jurisdiction of this state have the right to be free from any violence, or intimidation by threat of violence, committed against their persons or property because of political affiliation, or on account of position in a labor dispute, or sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status, or because another person perceives them to have one or more of those characteristics. Existing law provides civil remedies for violations of those provisions. This bill would provide that intimidation by threat of violence includes knowingly or recklessly making or threatening to make a false claim or report to a peace officer or law enforcement agency alleging that another person has engaged in unlawful activity or in an activity that requires law enforcement intervention. (3) Existing law makes it an infraction for a person to knowingly allow the use of or use the 911 emergency system for any reason other than because of an emergency. A violation of this prohibition is punishable by a warning for a first violation and specified, graduated fines for subsequent violations, including a fine of up to $250 for a 4th or subsequent violation. This bill would increase the penalty for a violation of that provision if a person knowingly allows the use of or uses the 911 emergency system for the purpose of harassing another. The bill would make a first violation of that prohibition an infraction punishable by a $250 fine or a misdemeanor punishable by up to 6 months in a county jail, a fine of up to $1,000, or both that imprisonment and fine. The bill would make a 2nd or subsequent violation a misdemeanor punishable by up to 6 months in a county jail, a fine of up to $1,000, or both that imprisonment and fine. The bill would also provide that if a person knowingly allows the use of or uses the 911 emergency system for the purpose of harassing a person and that act is a hate crime or other, specified crime committed against another person on the basis of the other person's actual or perceived characteristics, including race, religion, gender, or sexual orientation, the crime would be a misdemeanor punishable by up to one year in a county jail, a fine of not less than $500 nor more than $2,000, or both that imprisonment and fine. By increasing the penalty for certain crimes to make them punishable by imprisonment in a county jail, this bill would impose a state-mandated local program. (4) 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.

Bill Text

• Chaptered 09/30/20 - Chaptered Current pdf September 30, 2020
• Enrolled 09/04/20 - Enrolled pdf September 04, 2020
• Amended 08/20/20 - Amended Senate pdf August 20, 2020
• Amended 07/31/20 - Amended Senate pdf July 31, 2020
• Amended 06/17/20 - Amended Senate pdf June 17, 2020
• Amended 04/09/19 - Amended Assembly pdf April 09, 2019
• Introduced 02/22/19 - Introduced pdf February 22, 2019
• AB1775 View text html

Action History

1. September 30, 2020

   Chaptered by Secretary of State - Chapter 327, Statutes of 2020.

2. September 30, 2020

   Approved by the Governor.

3. September 15, 2020

   Enrolled and presented to the Governor at 3 p.m.

4. August 31, 2020

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 74. Noes 0. Page 5489.).

5. August 31, 2020

   Ordered to the unfinished business file.

6. August 31, 2020

   Action rescinded whereby the bill was re-referred to Com. on PUB. S. pursuant to Assembly Rule 77.2.

7. August 30, 2020

   Re-referred to Com. on PUB. S. pursuant to Assembly Rule 77.2.

8. August 27, 2020

   In Assembly. Concurrence in Senate amendments pending.

9. August 27, 2020

   Read third time. Passed. Ordered to the Assembly. (Ayes 30. Noes 0. Page 4356.).

10. August 24, 2020

    Read second time. Ordered to third reading.

11. August 20, 2020

    Read second time and amended. Ordered returned to second reading.

12. August 20, 2020

    From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (August 20).

13. August 17, 2020

    In committee: Referred to APPR. suspense file.

14. August 08, 2020

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (August 7). Re-referred to Com. on APPR.

15. July 31, 2020

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S.

16. July 01, 2020

    Re-referred to Com. on PUB. S.

17. June 17, 2020

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on RLS.

18. June 17, 2020

    Referred to Com. on RLS.

19. January 28, 2020

    In Senate. Read first time. To Com. on RLS. for assignment.

20. January 27, 2020

    Read third time. Passed. Ordered to the Senate. (Ayes 55. Noes 19. Page 3910.)

21. January 23, 2020

    Read second time. Ordered to third reading.

22. January 23, 2020

    From committee: Do pass. (Ayes 13. Noes 5.) (January 23).

23. January 15, 2020

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (January 15). Re-referred to Com. on APPR.

24. April 23, 2019

    In committee: Set, first hearing. Hearing canceled at the request of author.

25. April 10, 2019

    Re-referred to Com. on L. GOV.

26. April 09, 2019

    From committee chair, with author's amendments: Amend, and re-refer to Com. on L. GOV. Read second time and amended.

27. March 18, 2019

    Referred to Com. on L. GOV.

28. February 25, 2019

    Read first time.

29. February 23, 2019

    From printer. May be heard in committee March 25.

30. February 22, 2019

    Introduced. To print.

Sponsors

• Jones-Sawyer · Primary
• Skinner · Cosponsor
• Mike A. Gipson · Cosponsor
• McCarty · Cosponsor
• Santiago · Cosponsor
• Portantino · Cosponsor
• Thomas J. Umberg · Cosponsor
• Wieckowski · Cosponsor
• Robert Garcia · Cosponsor
• Mia Bonta · Cosponsor
• Jeff Gonzalez · Cosponsor
• Mark Stone · Cosponsor

Votes

Subjects