| Washington State House of Representatives Office of Program Research |
BILL ANALYSIS |
| Public Safety & Emergency Preparedness Committee | |
HB 2774
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.
Brief Description: Making a false or misleading material statement that results in an Amber alert.
Sponsors: Representatives Barlow, O'Brien, Warnick, Ormsby, Seaquist, Moeller, Morrell and Kelley.
Brief Summary of Bill |
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Hearing Date: 1/30/08
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: Requested on January 27, 2008.
Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.