SB 701

Federal law prohibits a person from willfully or maliciously interfering with or causing interference to radio communications. Federal law prohibits a person from manufacturing, importing, selling, offering for sale, or shipping a device that interferes with radio communications. Federal law makes a violation of these prohibitions punishable by a fine of not more than $10,000 or by imprisonment for a term not exceeding one year, or both the fine and imprisonment. Existing law makes it a misdemeanor for a person to intercept a public safety radio service communication for the purpose of using the communication to assist in the commission of a criminal offense or to avoid arrest, as specified. Existing law makes it an infraction to possess or equip a vehicle with a device that is capable of interfering with a device used by a law enforcement agency to measure the speed of moving objects, as specified, and makes it a misdemeanor to possess four or more of those devices. This bill would make it a crime to manufacture, import, market, purchase, sell, or operate a signal jammer, as defined, unless authorized to do so by the Federal Communications Commission, punishable as an infraction for a first offense, and a misdemeanor for a 2nd offense, as specified. The bill would make it a misdemeanor to operate a signal jammer in conjunction with the commission of a misdemeanor or felony, punishable by a fine of up to $1,000 or by imprisonment. The bill would make it a crime to willfully or maliciously use a signal jammer to block state or local public safety communications, if the person knows or should know that using the signal jammer is likely to result in death or great bodily injury and great bodily injury or death is sustained by any person as a result of that use, punishable as either a misdemeanor or a felony. The bill would require forfeiture of the signal jamming device upon conviction for these crimes. By creating new crimes, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.