HOUSE BILL REPORT
HB 1537
This analysis was prepared by non-partisan legislative staff for the use of legislative members in
their deliberations. This analysis is not a part of the legislation nor does it constitute a
statement of legislative intent.
As Reported by House Committee On:
Public Safety & Emergency Preparedness
Title: An act relating to making a false or misleading material statement that results in an Amber alert.
Brief Description: Making a false or misleading material statement that results in an Amber alert.
Sponsors: Representatives Lovick, Ericks, O'Brien and Strow.
Brief History:
Public Safety & Emergency Preparedness: 2/5/07, 2/8/07 [DP].
Brief Summary of Bill |
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HOUSE COMMITTEE ON PUBLIC SAFETY & EMERGENCY PREPAREDNESS
Majority Report: Do pass. Signed by 7 members: Representatives O'Brien, Chair; Hurst, Vice Chair; Pearson, Ranking Minority Member; Ross, Assistant Ranking Minority Member; Ahern, Goodman and Lovick.
Staff: Jim Morishima (786-7191).
Background:
AMBER Alerts.
The America's Missing Broadcast Emergency Response (AMBER) alert system is a system in
which broadcasters, cable systems, and law enforcement agencies voluntarily cooperate to
assist in finding abducted children. An investigating law enforcement agency may initiate an
AMBER alert if certain conditions are met; e.g., the agency must know the child is abducted,
the agency must believe the child is in danger of death or serious bodily injury, there must be
enough descriptive data available to believe that an AMBER alert will help recover the child,
and the incident must be reported to and investigated by a law enforcement agency. A local
agency that has its own AMBER alert plan may initiate an AMBER alert on its own. A local
agency that does not have its own AMBER alert plan must initiate the alert through the
Washington State Patrol.
Crimes Relating to False Statements to Public Servants.
A person who knowingly makes a false or misleading material statement to a public servant
is guilty of a gross misdemeanor. For purposes of this crime, "material statement" means a
statement reasonably likely to be relied upon by a public servant in the discharge of his or her
official powers or duties.
A person is guilty of False Reporting if he or she, knowing that the information is false,
initiates a false report or warning of an alleged occurrence or impending occurrence of a fire,
explosion, crime, catastrophe, or emergency knowing that the false report is likely to cause
evacuation of a building, place of assembly, or transportation facility, or to cause public
inconvenience or alarm. False Reporting is a gross misdemeanor.
Summary of Bill:
A person who knowingly makes a false or misleading material statement to a public servant
that a child has been abducted and which statement causes the activation of the AMBER alert
system is guilty of an unranked class C felony. For purposes of this crime, "material
statement" means a statement reasonably likely to be relied upon by a public servant in the
discharge of his or her official powers or duties.
Appropriation: None.
Fiscal Note: Available.
Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.
Staff Summary of Public Testimony:
(In support) The intent of this legislation is to ratchet this crime up one level. The
effectiveness of the AMBER alert system is based on the trust of the general public; the
audience needs to trust that the information in an AMBER alert is reliable. A false AMBER
alert is more serious than other types of false reports because it ties up both state and national
resources. This bill will send a message that this behavior will not be tolerated.
(Opposed) None.
Persons Testifying: Representative Lovick, prime sponsor; Mark Allen, Washington State Association of Broadcasters; and Marty Knorr, Washington State Patrol.