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.