AB 1775

  • California Assembly Bill
  • 2019-2020 Regular Session
  • Introduced in Assembly Feb 22, 2019
  • Passed Assembly Jan 27, 2020
  • Passed Senate Aug 27, 2020
  • Signed by Governor Sep 30, 2020

False reports and harassment.

Abstract

(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 Sponsors (12)

Votes


Actions


Sep 30, 2020

California State Legislature

Approved by the Governor.

California State Legislature

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

Sep 15, 2020

California State Legislature

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

Aug 31, 2020

Assembly

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

Assembly

Ordered to the unfinished business file.

Assembly

Action rescinded whereby the bill was re-referred to Com.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

  • Referral-Committee
Com. on PUB. S. pursuant to Assembly Rule 77.2.

Aug 30, 2020

Assembly

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

  • Referral-Committee
Com. on PUB. S. pursuant to Assembly Rule 77.2.

Aug 27, 2020

Senate

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

Assembly

In Assembly. Concurrence in Senate amendments pending.

Aug 24, 2020

Senate

Read second time. Ordered to third reading.

Aug 20, 2020

Senate

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

Senate

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

Aug 17, 2020

Senate

In committee: Referred to APPR. suspense file.

  • Referral-Committee
APPR APPR. suspense file.

Aug 08, 2020

Senate

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

  • Committee-Passage-Favorable
  • Committee-Passage
  • Referral-Committee
Com. on APPR.

Jul 31, 2020

Senate

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.

  • Reading-1
  • Reading-2
  • Amendment-Passage
  • Referral-Committee
  • Amendment-Introduction
Com. on PUB. S.

Jul 01, 2020

Senate

Re-referred to Com. on PUB. S.

  • Referral-Committee
Com. on PUB. S.

Jun 17, 2020

Senate

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

  • Reading-1
  • Reading-2
  • Amendment-Passage
  • Referral-Committee
  • Amendment-Introduction
Com. on RLS.

Senate

Referred to Com. on RLS.

  • Referral-Committee
Com. on RLS.

Jan 28, 2020

Senate

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

Jan 27, 2020

Assembly

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

Jan 23, 2020

Assembly

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

Assembly

Read second time. Ordered to third reading.

Jan 15, 2020

Assembly

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

  • Committee-Passage-Favorable
  • Committee-Passage
  • Referral-Committee
Com. on APPR.

Apr 23, 2019

Assembly

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

Apr 10, 2019

Assembly

Re-referred to Com. on L. GOV.

  • Referral-Committee
Com. on L. GOV.

Apr 09, 2019

Assembly

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

Mar 18, 2019

Assembly

Referred to Com. on L. GOV.

  • Referral-Committee
Com. on L. GOV.

Feb 25, 2019

Assembly

Read first time.

Feb 23, 2019

Assembly

From printer. May be heard in committee March 25.

Feb 22, 2019

Assembly

Introduced. To print.

Bill Text

Bill Text Versions Format
AB1775 HTML
02/22/19 - Introduced PDF
04/09/19 - Amended Assembly PDF
06/17/20 - Amended Senate PDF
07/31/20 - Amended Senate PDF
08/20/20 - Amended Senate PDF
09/04/20 - Enrolled PDF
09/30/20 - Chaptered PDF

Related Documents

Document Format
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Sources

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