HOUSE BILL REPORT
SSB 5929
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: Senate Committee on Judiciary (originally sponsored by Senator Delvin).
Brief History:
Public Safety & Emergency Preparedness: 2/20/08 [DP].
Brief Summary of Substitute 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 Kirby.
Staff: Jim Morishima (786-7191).
Background:
America's Missing Broadcast Emergency Response (AMBER) Alerts
The 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 Making 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 is guilty of an unranked class C felony if he or she, with the intent to cause the
activation of the AMBER alert system, 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. 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 on original bill.
Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.
Staff Summary of Public Testimony:
(In support) Given the amount of resources that are activated in an AMBER alert, people
need to know there are serious consequences for generating a false alert. When people intend
to cause an AMBER alert, they tailor their behavior to fit the AMBER alert criteria, so
proving that someone has the intent to cause an AMBER alert would not be difficult.
(Opposed) None.
Persons Testifying: Senator Delvin, prime sponsor; Mark Allen, Washington State Association of Broadcasters; and Jeff DeVere, Washington State Patrol.