SB 1011 - Under current law, a person is guilty of the offense of making a false report if he or she knowingly makes a false report to a law enforcement officer or other emergency responder that an incident calling for an emergency response has occurred or is about to occur. This act modifies the offense of making a false report to a person who knowingly reports a false emergency to a law enforcement officer or other emergency responder with reckless disregard of causing bodily harm to any person as a direct result of an emergency response.
The offense of making a false report is a Class B misdemeanor if the report is a false report of a misdemeanor offense, a Class C felony if the report is a false report of a felony offense, and a Class B felony if the false report results in death or grievous bodily injury as a proximate result of lawful conduct arising out of that response. Any person convicted of a violation pursuant to this act may be liable for the reasonable costs of the emergency response. A person may be prosecuted in the jurisdiction where the defendant made the false report, the county where the false report was communicated to law enforcement, or the county where law enforcement responded to the false report.
Under this act, a person under 18 years of age is guilty of an infraction for the first offense. He or she must appear before a juvenile court in a applicable jurisdiction as provided in the act or, in lieu of appearing in court, he or she may complete 30 hours of community service or pay a fine not to exceed $250.
A person who is a victim of the offense of making a false report may bring a civil action against the person who committed such offense and may recover damages, including attorneys fees. Any person found liable pursuant to this act shall be jointly and severally liable to any other person also found liable for damages arising from the same violation.
MARY GRACE BRUNTRAGER