Legislature(2021 - 2022)BUTROVICH 205
02/16/2022 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| SB182 | |
| SB7 | |
| SB31 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 182 | TELECONFERENCED | |
| += | SB 7 | TELECONFERENCED | |
| += | SB 31 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 182-INTERFERENCE WITH EMERGENCY SERVICES
1:33:17 PM
CHAIR HOLLAND announced the consideration of SENATE BILL NO. 182
"An Act establishing the crime of interference with emergency
communications."
1:33:30 PM
CHAIR HOLLAND invited Senator Wilson to introduce the bill.
1:34:06 PM
SENATOR DAVID WILSON, Alaska State Legislature, Juneau, Alaska,
paraphrased the sponsor statement.
[Original punctuation provided.]
Senate Bill 182 establishes the offense of
interference with emergency communications. This
statute would apply when a person: repeatedly makes
911 calls to report something they know has already
been reported, repeatedly calls 911 when there is no
emergency, harasses or threatens a 911 operator, or
disrupts communications between 911 operators and
first responders.
Interference with emergency communications - the
misuse, abuse, and disruption of 911 dispatch centers
- is a problem that severely impacts public safety and
emergency response by delaying responses to real
emergencies. It is prevalent at dispatch centers
across Alaska and must be addressed.
During these disruptive events, other urgent emergency
calls must be placed on hold or delayed to meet
standards; industry standards are that all 911 calls
must be answered within 15-20 seconds. A dispatcher
could be required to place the parent of a choking
child on hold to answer repeated calls from a
harassing individual who is not in need of emergency
services, delaying necessary life-saving measures.
Under the language in the bill, that harasser could be
charged. Currently, state statute does not address
harassing behavior specific to 911 dispatch centers,
nor does it give law enforcement adequate recourse to
stop the behavior.
This problem is not unique to Alaska. Other states
have developed legislation that makes interfering with
emergency communications an arrestable offense - which
is the most effective way to stop the interference -
thus allowing 911 telecommunicators to focus on
legitimate emergencies
1:35:50 PM
JASMIN MARTIN, Staff, Senator David Wilson, Alaska State
Legislature, Juneau, Alaska, paraphrased the sectional analysis
on behalf of the sponsor of SB 182.
[Original punctuation provided.]
Section 1: Adds a new section (.785. Interference with
emergency communications) to AS 11.56. (Criminal Law,
56. Offenses Against Public Administration).
a) Establishes that a person commits a crime of
interference with emergency communication when they:
(1) Call 911 to elicit a first responder response
for a previously reported incident when there has
been no change in circumstances, and they have
been instructed to stop calling
(2) Make repeated 911 calls when there is no
emergency.
(3) Threaten or harasses a 911 operator during a
call to 911.
(4) Disrupt communications between 911 operators
and first responders, or between two first
responders.
1:36:30 PM
(b) Defines: "emergency communication," "emergency
communication center," and "emergency communication
worker."
(c) Establishes that this crime is
(1) A class C felony if:
(A) In the past ten years a person has been
convicted under this statute or a similar one in
another area or
(B) the interference results in death or serious
physical harm.
(2) Otherwise, it is a class A misdemeanor.
Section 2: Adds a section to uncodified law that
specifies that this act is not applicable to offenses
committed prior to this legislation.
1:37:13 PM
SENATOR SHOWER referred to page 2, lines 1-5, subsection
1(a)(4), which seemed to go beyond the 911 operator to two first
responders at the scene. He stated that first responders are
typically not on the 911 call. He wondered if this would pertain
to people yelling at the first responders on the scene.
MS. MARTIN deferred to the invited testifiers who requested this
language.
SENATOR SHOWER expressed concern about unintended consequences.
He related that this could negatively affect people who
interfere because they are upset when their family or friends
require emergency assistance.
MS. MARTIN referred to page 2, lines 3-4, which read, "with the
intent to cause a disruption in service". She said this means
the prosecutor would need to prove the person intended to cause
a disruption in service.
SENATOR SHOWER said he would raise the issue with Legislative
Legal Services.
1:39:09 PM
SENATOR MYERS asked how the bill would affect a mentally ill
person who repeatedly calls 911 because emergency call centers
and first responders spend considerable time contending with
this situation.
1:39:42 PM
SENATOR WILSON responded that this is a huge problem and concern
throughout the nation. Another bill is working its way through
the body to help address that concern, but criminalizing the
disruptive conduct is the only method to stop the behavior
unless the police can transport those needing mental health
assistance to a crisis center. He stated that this bill should
help people obtain services via mental health courts. Currently,
police must respond to calls, verify the person is not
experiencing an emergency, and return when they call again. The
police cannot provide social services agencies with information
obtained via the emergency call. While he does not want to
criminalize the mentally ill or put them in jails, it is
important to ensure that the disruptive behavior stops. He
related that the intent of the bill was not to dismiss mental
health concerns but to provide people with critical access to
care without disrupting those facing true emergencies.
1:41:29 PM
SENATOR HUGHES observed that this bill would create a crime. She
asked how difficult it would be for a prosecutor to work a case
when the language contains phrases, such as "knowingly ... with
the intent to cause an emergency police, fire, or medical serve
response" or intimidate, "with the intent to cause a disruption
in service". She wondered if the Department of Law could say
whether the language was acceptable or needed to be more
specific.
1:42:50 PM
CHAIR HOLLAND asked whether this language was modeled after a
law in another state.
1:43:16 PM
SENATOR WILSON responded that he worked with the dispatch
community and the language was based on legislation passed by
other states found to be effective. He related that the invited
testimony by Mr. Butcher could speak more to the language.
1:43:47 PM
SENATOR HUGHES referred to page 1, line 7, which read, "(1)
makes repeated emergency communications to report a previously
reported incident with no change in circumstance ..." She stated
that the language that is unambiguous if the person made more
than one call, the person violates the proposed statute.
However, paragraphs (2), (3), and (4) were more subjective. She
emphasized the need to support dispatchers but expressed concern
about the subjectivity of the language. She related that using
the language "intent" or "knowingly" muddies the issue. She
asked to have the Department of Law respond at the next hearing.
1:44:54 PM
SENATOR KIEHL noted the bill lists four ways to commit the crime
of interference with emergency communications, and three of the
four instances were similar. He stated that paragraphs (1) and
(2) related to tying up the dispatcher's lines and paragraph (4)
related to blocking or disrupting communications. However, he
was unsure how paragraph (3) fits in since it relates to being
mean, nasty, rude, and inappropriate, which is not okay but does
not seem to interfere with dispatchers providing emergency
communications.
SENATOR WILSON responded that using obscene language during an
emergency communication with the intent to intimidate or harass
an emergency communications dispatcher could delay or make
someone fearful of providing accurate assistance. He stated that
some testifiers who handle dispatch calls could explain how this
behavior interferes with their duties. He related that having
people make threats while the dispatcher tries to provide life-
altering information to the first responder is not helpful, can
be very dangerous, and no one should be afraid to do their job.
SENATOR KIEHL said he agrees but putting someone in fear is a
separate crime. He said he would listen to the expert witnesses.
1:47:07 PM
SENATOR SHOWER acknowledged that dispatchers must answer every
call. He wondered if dispatchers could refuse to answer a call
from someone who called ten times and not get into trouble.
SENATOR WILSON answered that by statute, dispatchers must answer
every call. Even though a person called 86 times on Thanksgiving
Day, the dispatchers must do their jobs professionally and
consistently.
SENATOR SHOWER suggested that something should be done to
protect or hold the dispatchers harmless.
1:49:10 PM
SENATOR HUGHES referred to page 2, line 7, "(1) "emergency
communication" means a communication made to an emergency
communications center." She wondered if it should also read
"from" a communications center. She related a scenario where a
person was harassing or intimidating a dispatcher by making
repeated calls to a communications center. She noted that person
also disrupts the communications center personnel from
dispatching an ambulance, fire, or police to the scene. She
agreed with the sponsor that harassing and intimidating conduct
disrupts and interferes with emergency communications since the
purpose of emergency communications is to take care of life
safety issues.
SENATOR WILSON responded that he did not have any comment.
1:50:57 PM
SENATOR MYERS stated that Senator Hughes brought up a potential
loophole. He related a scenario where someone calls 911, hangs
up, the dispatcher calls them back, and the person uses obscene
language. He said that this bad behavior might not be covered
since it was not a call to the center.
CHAIR HOLLAND turned to invited testimony.
1:52:26 PM
COMMISSIONER DESIGNEE JAMES COCKRELL, Department of Public
Safety, Anchorage, Alaska, provided invited testimony supporting
SB 182. He stated that he has observed callers disrupt
dispatchers, preventing them from responding to critical
emergencies. This harassing behavior increases the stress for
dispatchers. This bill could help assure that people
experiencing crises will have access to aid, but it could also
protect dispatchers from nuisance calls.
1:54:30 PM
JACOB BUTCHER, Communications Manager, Mat-Com Dispatch,
Wasilla, Alaska, provided invited testimony supporting SB 182.
He stated that the dispatch area serves 52,000 square miles and
150,000 people. He said he had worked as a 911 emergency
telecommunicator for 16 years. During that time, he provided
emergency lifesaving support and walked people through
emergencies, including providing bleeding control or
cardiopulmonary resuscitation (CPR) instructions and
deescalating armed suicidal callers. Not every call to the call
center is a life and death matter, but dispatchers must answer
every call because it isn't possible to know what is happening
at the other end of the line. Calls not constituting emergencies
can be professionally handled by redirecting the caller to non-
emergency resources. However, sometimes explanations and
educating callers cannot surmount the disruption caused by
intentionally false, disorderly, and harassing calls to the
center.
1:56:06 PM
MR. JACOB BUTCHER related that on July 4, 2021, the 911 center
was attacked by two different types of emergency communications'
interference. One form was computerized call spoofing, where a
caller deliberately falsifies the information transmitted to the
caller ID display to disguise their identity. He reported that
the call center received 45 spoofing calls within 24 hours.
Still, each call needed to be answered, processed, vetted, and
followed up. These calls tied up resources from Mat-Com
Dispatch, the Department of Public Safety (DPS), the Anchorage
Police Department, the Anchorage Fire Department, and several
others. The second issue was a person who was upset with how a
prior incident had been handled. He aired his frustration by
dialing 911 over 80 times in a single day. Before hanging up, he
would unleash a barrage of profane, insulting, and highly vulgar
expressions. The call center staff sifted through those calls
while continuing to provide assistance and responses to
emergencies, including a reported drowning that led to water
rescue efforts, two plane crashes, four separate wildfire
reports from fireworks, and a full structure fire. Seconds count
for most true emergencies. He asked if members could envision
reaching a call center during an emergency and being placed on
hold or interrupted by one of the 120 plus false emergency
calls. That's the problem that SB 182 attempts to solve.
1:58:01 PM
MR. JACOB BUTCHER stated that SB 182 would provide a mechanism
to allow law enforcement to react swiftly to resolve disruptions
to call centers to free up the 911 lines.
1:58:28 PM
MR. JACOB BUTCHER recalled Senator Shower brought up a question
regarding potential interference between two responders. He
stated that SB 182 would help when people were out of control.
He related that he tended to think about disruption between
first responders as an attack on the infrastructure of the
communication system, such as shooting at a radio tower or
destruction of equipment and infrastructure that could disrupt
communications between two first responders in the field. He
wondered if that might fall under a malicious mischief statute.
He did not recall the second question.
1:59:54 PM
SENATOR SHOWER wondered if the legislature could protect
dispatchers from responding to numerous false calls to hold
dispatchers harmless.
MR. JACOB BUTCHER responded that he was unsure. He stated that
dispatchers must answer every 911 call since the 81st person
could be facing a real emergency. For example, the mentally
unstable person who made 80 calls, may have harmed themselves,
someone else, or started a fire. He was unsure that it was
appropriate to remove the responsibility from 911 since it
defeats the purpose of 911, which is to answer and respond to
emergencies.
MR. JACOB BUTCHER, in response to Senator Myer's earlier
question, stated that he has participated in the Mat-Su Crisis
Intervention Team (CIT) Coalition, which is a network of first
responders, doctors, court system staff, and mental health
professionals or educators to combat substance abuse. Although
he supports mental health services, sometimes it is not an
option when offices are closed. He stated that the bill could
stop the nuisance calls for the weekend and provide the mentally
ill person help when the offices reopened on Monday.
2:02:52 PM
SENATOR HUGHES related that if this bill passes, it will not
stop the calls, but it may discourage them, since the troopers
would respond to the false caller. She highlighted that nuisance
calls tie up 911 lines which could cost those needing emergency
assistance their lives. She asked whether the call center has a
protocol to call in extra dispatchers to open up more lines.
MR. JACOB BUTCHER answered that would be covered under the call
center's policy and procedures. He said he was called in on July
4 due to the call volume. He acknowledged that call centers are
often short-staffed and staff suffers from burnout, which is an
issue currently being discussed.
2:04:57 PM
JOEL BUTCHER, President, Association of Public Safety
Communications Officials (APCO)/National Emergency Numbers
Association, Alaska, Palmer, Alaska, provided invited testimony
in support of SB 182. He stated that he works for the City of
Wasilla as a Technical Support Specialist for the Mat-Com
Dispatch Center and Wasilla Police Department. He related that
he was certified by the National Emergency Number Association as
an Emergency Number Professional (ENP).
MR. JOEL BUTCHER stated that he also serves as the President of
the Alaska Joint Chapter of ACPO and NENA, representing
approximately 150 Emergency Service Dispatchers employed in
telecommunication centers across the state. This proposed
legislation is essential to APCO members and telecommunications
centers in Alaska for several reasons.
2:05:51 PM
MR. JOEL BUTCHER stated that one reason for SB 182 was to
address abusive language that APCO dispatchers receive
regularly. He noted that this offensive language is used to
intimidate and affect responses outside the control of the
dispatchers.
MR. JOEL BUTCHER highlighted that repetitive calling by a single
party is most harmful to call centers. This behavior uses
resources, including 911 trunk lines, making these lines
unavailable to other callers. Dispatchers at the call center
cannot assist people facing true emergencies. Repetitive callers
usually are under emotional or mental distress, and the only
remedy to stop the behavior is for law enforcement to arrest
them.
MR JOEL BUTCHER stated that this legislation specifically
criminalizes malicious mischief to communications
infrastructure. Although this crime often is called vandalism,
the perpetrator often intentionally destroys property to deny
the owner use of that property. For example, the perpetrator may
destroy transmitter antennas, generators, and other
infrastructure, frequently located in remote areas.
2:07:56 PM
MR. JOEL BUTCHER stated that this legislation would help by
defining false reporting to the communications center. Making
false reports, such as pretending to be lost, is often done as
pranks, for revenge, or to move police or other emergency
responders away from geographic areas so criminal activity can
occur. He recapped that false reports endanger the public by
diverting emergency responders and contributing to criminal
activity in Alaska.
MR. JOEL BUTCHER urged members to support SB 182.
2:09:17 PM
CHAIR HOLLAND opened public testimony on SB 182.
2:10:08 PM
HILLARY PALMER, Secretary/Treasurer, Association of Public
Safety Communications Officials (APCO)/National Emergency
Numbers Association, Alaska, Wasilla, Alaska, spoke in support
of SB 182. She stated that she had used emergency medical
services to assist her with emergencies for her chronically ill
spouse. She said someone experiencing an acute mental health or
substance abuse issue would repeatedly make prank calls to 911
dispatchers, sometimes 50 to 100 calls within 24 hours. Most 911
call centers must answer calls within three seconds, even if the
caller ID identifies it as someone who frequently calls. She
related a scenario to illustrate how false emergency calls could
adversely affect true emergency calls. She stated that sometimes
seconds count, so it is essential to find a way to keep the
mentally ill or distraught person safe but away from the phone.
She spoke in support of SB 182.
2:13:22 PM
ANTONIA HAGEN, representing self, Wasilla, Alaska, (via
teleconference), said she had called 911 during a domestic
violence situation, and her husband grabbed the phone from her.
She related that it was a scary situation. She asked members to
imagine what it would be like to be a mother with a small child,
calling 911, having the phone snatched, and being wrongfully
arrested while her child went with the violent father. She said
she hoped that Alaskans would get protection from that type of
behavior.
2:15:17 PM
CHAIR HOLLAND closed public testimony on SB 182.
2:15:34 PM
SENATOR WILSON, in response to Ms. Hagen, related that it is
already a crime to interfere with domestic violence or 911
calls. He thanked the committee for hearing SB 182. He stated
that SB 182 would provide tools for law enforcement officers to
intervene, stopping nuisance calls from continuing and allowing
the communications operators to perform their duties. He
acknowledged that people making nuisance calls probably wouldn't
read the statutes, but it will help call center staff.
2:16:48 PM
CHAIR HOLLAND held SB 182 in committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 182 Support Letters 2.15.22.pdf |
SJUD 2/16/2022 1:30:00 PM |
SB 182 |
| SB 182 Sponsor Statement v. G 2.8.2022.pdf |
SJUD 2/16/2022 1:30:00 PM |
SB 182 |
| SB 7 SJUD Amendment A.1.pdf |
SJUD 2/14/2022 1:30:00 PM SJUD 2/16/2022 1:30:00 PM |
SB 7 |
| SB7 Sponsor Statement.pdf |
SJUD 2/16/2022 1:30:00 PM SSTA 3/4/2021 3:30:00 PM |
SB 7 |
| SB7 Sectional Analysis.pdf |
SJUD 2/16/2022 1:30:00 PM SSTA 3/4/2021 3:30:00 PM |
SB 7 |
| SB 182 Sectional Analysis v. G 2.15.2022.pdf |
SJUD 2/16/2022 1:30:00 PM |
SB 182 |
| SB182 Letter of support.pdf |
SJUD 2/16/2022 1:30:00 PM |
SB 182 |
| SB 7 SJUD Amendment A.2.pdf |
SJUD 2/16/2022 1:30:00 PM |
SB 7 |
| SB 31 - Ethics Committee Decisions.pdf |
SJUD 2/16/2022 1:30:00 PM |
SB 31 |