Legislature(2021 - 2022)GRUENBERG 120
04/12/2022 03:00 PM House STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| HB66 | |
| HB142 | |
| SB182 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 412 | TELECONFERENCED | |
| += | HB 66 | TELECONFERENCED | |
| += | HB 142 | TELECONFERENCED | |
| + | SB 182 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
SB 182-INTERFERENCE WITH EMERGENCY SERVICES
5:01:32 PM
CHAIR KREISS-TOMKINS announced that the final order of business
would be CS FOR SENATE BILL NO. 182(JUD), "An Act establishing
the crime of interference with emergency communications."
5:02:01 PM
SENATOR DAVID WILSON, Alaska State Legislature, prime sponsor,
introduced CSSB 182(JUD). He presented the sponsor statement
[included in the committee packet], which read as follows
[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.
5:04:49 PM
JASMIN MARTIN, Staff, Senator David Wilson, Alaska State
Legislature, on behalf of Senator Wilson, prime sponsor,
presented a sectional analysis of CSSB 182(JUD), which read as
follows [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 911 operator during a call to 911.
(4) Disrupt emergency communications:
(A) Between 911 operators and first
responders,
(B) Between first responders.
(C) Between a 911 operator and a person
reporting an emergency.
(b) Clarifies that that (4)(a) does not apply to in
person communications.
(c) Defines: emergency communication," "emergency
communication center," and "emergency communication
worker."
(d) Establishes that this crime is
(1) A class C felony if 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.
REPRESENTATIVE STORY asked whether the bill sponsor had
considered including an exemption for someone with behavioral
health disorders.
SENATOR WILSON answered yes, it was considered. He argued that
the proposed legislation would help with intervention. If the
bill were to pass, he explained that after violating the law,
individuals with behavioral health disorders would most likely
be sent to therapeutic court where they could seek the help that
they need.
REPRESENTATIVE STORY said she would hate to see someone who was
experiencing a mental health crisis charged with a felony. She
asked whether therapeutic court was an option.
5:09:24 PM
SENATOR WILSON said that would be decided by the court and the
prosecuting attorneys.
CHAIR KREISS-TOMKINS shared a personal anecdote. He explained
that his grandmother, who was diagnosed with Alzheimer's, would
call the police incessantly. He expressed concern that someone
like his grandmother could be charged with a class C felony if
the bill were to pass.
5:11:06 PM
MS. MARTIN directed attention to page 1, lines 12-13, of CSSB
192(JUD), which stated that a person "makes repeated emergency
communications knowing that there is not a police, fire, or
medical emergency;". She argued that the onus would be placed
on the prosecutor to prove that the defendant knew there was no
emergency.
CHAIR KREISS-TOMKINS expressed his interest in hearing from a
drafter or someone with legal insight to ensure that the intent
described by Ms. Martin would be achieved.
5:12:23 PM
REPRESENTATIVE VANCE directed attention to page 3, lines 6-8,
which addressed the criminalization of these acts. She asked
whether repeat offenders would be informed that their actions
were illegal if the bill were to pass. Additionally, she asked
whether the bill sponsor had considered creating a graduated
approach with a first offense, second offense, and so on, to
provide individuals with the opportunity to correct their
behavior.
MS. MARTIN shared her understanding that in terms of public
outreach, emergency dispatchers would be allowed to inform
repeat offenders that their actions were against the law.
5:14:26 PM
CHAIR KREISS-TOMKINS welcomed invited testimony.
5:14:49 PM
JAMES COCKRELL, Commissioner, Department of Public Safety (DPS),
conveyed that DPS was in support of the proposed legislation.
He stated that the consequences of repeat calls could be fatal
if the operator was unable to respond to a true emergency.
Further, he pointed out that the bill would provide protection
for dispatchers who regularly dealt with high stress situations.
5:17:01 PM
JOEL BUTCHER, President, Alaska Joint Chapter of NENA and APCO,
conveyed that the Alaska Joint Chapter of APCO and NENA
represented over 150 emergency communications professionals and
approximately 40 communications centers in Alaska. He expressed
support for the proposed legislation. He indicated that
emergency call centers were too often plagued with interference
by repeat callers. He summarized the different types of
interference that the legislation would statutorily criminalize.
He argued that the bill was not intended to affect individuals
with behavioral health disorders; instead, it would provide
dispatchers with a tool to discourage repeat callers.
5:21:11 PM
JACOB BUTCHER, Communications Manager, Mat-Com Dispatch Center,
noted that he had been employed as a 911 telecommunicator for
nearly 16 years. He shared several personal anecdotes that
detailed his experience with emergency communication
interference and spoof calls. He asked the committee members to
place themselves in the position of calling 911 in an emergency
only to be placed on hold for a harassing call. He emphasized
that most true emergencies were those where seconds counted.
CHAIR KREISS-TOMKINS announced that CSSB 182(JUD) would be held
over.