Sponsored by:

Assemblyman HERB CONAWAY, JR.

District 7 (Burlington)

Assemblyman UPENDRA J. CHIVUKULA

District 17 (Middlesex and Somerset)

Assemblyman DAVID P. RIBLE

District 30 (Monmouth and Ocean)

Assemblyman DANIEL R. BENSON

District 14 (Mercer and Middlesex)

Assemblywoman NANCY J. PINKIN

District 18 (Middlesex)

Co-Sponsored by:

Assemblymen Wimberly, Johnson and Gusciora

SYNOPSIS

Requires 9-1-1 service facilities be equipped with Next Generation 9-1-1 system and provides funding for that purpose; makes texting the 9-1-1 emergency system without purpose of reporting need for 9-1-1 service a fourth degree crime.

CURRENT VERSION OF TEXT

As amended by the Assembly on January 29, 2015.

An Act concerning 9-1-1 service, amending P.L.1989, c.3 and N.J.S.2C:33-3, and supplementing Title 52 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 8 of P.L.1989, c.3 (C.52:17C-8) is amended to read as follows:

8. a. Each public safety answering point shall be capable of dispatching or forwarding requests for law enforcement, fire fighting, emergency medical services, or other emergency services to a public or private safety agency that provides the requested services.

b. Each public safety answering point shall be equipped with a system approved by the office for the processing of requests for emergency services for the physically disabled. [No] A person shall not connect to a telephone company's network any automatic alarm or other automatic alerting device which causes the number "9-1-1" to be automatically dialed and which provides a prerecorded message in order to directly access emergency services, except for devices which may be approved by the office. Devices approved by the office shall be registered with the office on forms provided by the office.

c. Each entity operating a public safety answering point shall be responsible for obtaining, operating, and maintaining enhanced 9-1-1 termination equipment. The operations and maintenance of this equipment shall be in accordance with standards set forth by the office pursuant to section 3 of [this act] P.L.1989, c.3 (C.52:17C-3).

d. No later than the third year following the enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), each public safety answering point shall be equipped with ¹[an emergency enhanced 9-1-1] a Next Generation 9-1-1¹ system approved by the office in a manner that is consistent with federal law, for the processing of requests for emergency services sent via an electronic message ¹[or a text message] . For the purposes of this section, "Next Generation 9-1-1 system" means an emergency 9-1-1 system that allows for the processing of electronic messages, including, but not limited to, electronic messages containing text, images, video, or data¹ .

(cf: P.L.1989, c.3, s.8)

2. N.J.S.2C:33-3 is amended to read as follows:

2C:33-3. False Public Alarms. a. Except as provided in subsection b. or c. of this section, a person is guilty of a crime of the third degree if he initiates or circulates a report or warning of an impending fire, explosion, bombing, crime, catastrophe or emergency knowing that the report or warning is false or baseless and that it is likely to cause evacuation of a building, place of assembly, or facility of public transport, or to cause public inconvenience or alarm. A person is guilty of a crime of the third degree if he knowingly causes such false alarm to be transmitted to or within any organization, official or volunteer, for dealing with emergencies involving danger to life or property.

b. A person is guilty of a crime of the second degree if in addition to the report or warning initiated, circulated or transmitted under subsection a. of this section, he places or causes to be placed any false or facsimile bomb in a building, place of assembly, or facility of public transport or in a place likely to cause public inconvenience or alarm. A violation of this subsection is a crime of the first degree if it occurs during a declared period of national, State or county emergency.

c. A person is guilty of a crime of the second degree if a violation of subsection a. of this section in fact results in serious bodily injury to another person or occurs during a declared period of national, State or county emergency. A person is guilty of a crime of the first degree if a violation of subsection a. of this section in fact results in death.

d. For the purposes of this section, "in fact" means that strict liability is imposed. It shall not be a defense that the death or serious bodily injury was not a foreseeable consequence of the person's acts or that the death or serious bodily injury was caused by the actions of another person or by circumstances beyond the control of the actor. The actor shall be strictly liable upon proof that the crime occurred during a declared period of national, State or county emergency. It shall not be a defense that the actor did not know that there was a declared period of emergency at the time the crime occurred.

e. A person is guilty of a crime of the fourth degree if the person knowingly places a call or sends an electronic message ¹[or a text message]¹ via a wireless telephone or electronic communication device to a 9-1-1 emergency telephone system without purpose of reporting the need for 9-1-1 service.

(cf: P.L.2002, c.26, s.16)

3. (New section) ²a.² The fees imposed pursuant to section 2 of P.L.2004, c.48 (C.52:17C-18) shall be increased by 10 percent for ¹[a period of three years from] ²bills issued for² billing periods ²[beginning in the] ending on or after the operative date of P.L. , c. (C. ) (pending before the Legislature as this bill) and only for a period of² 36 calendar months following¹the ¹[effective] operative¹ date of P.L. , c. (C. ) (pending before the Legislature as this bill).

²b.² The increase in funds collected pursuant to this section shall only be used to equip public safety answering points with ¹[emergency enhanced 9-1-1] Next Generation 9-1-1¹ systems for the processing of requests for emergency services sent via an electronic message ¹[or a text message]¹, pursuant to subsection d. of section 8 of P.L.1989, c.3 (C.52:17C-8).

²c. The increase in funds collected pursuant to this section shall be distributed on a prioritized basis, first to county, regionalized, or other large centralized public safety answering points, followed by other public safety answering points.

d.² ¹For the purposes of this section, "Next Generation 9-1-1 system" means ²[an emergency 9-1-1 system that allows for the processing of electronic messages, including, but not limited to, electronic messages containing text, images, video, or data] the same as defined in subsection d. of section 8 of P.L.1989, c.3 (C.52:17C-8)² .¹

4. This act shall take effect immediately, but remain inoperative for 60 days following the date of enactment ¹[, and section 3 shall expire on the first day of the 36th month after the date of enactment]¹.