ARIZONA HOUSE OF REPRESENTATIVES Fifty-sixth Legislature Second Regular Session
	House: JUD DPA/SE 5-3-1-0 | 3^rd Read 35-24-0-01 Senate: JUD DP 5-2-0-0 |3^rd Read 18-10-2-0-0

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HB 2508: false reporting; public alarm; classification

S/E: public alarm; false reporting; classification

Sponsor: Representative Gress, LD 4

Transmitted to the Governor

Overview

Creates a new form of the false reporting, classified as a class 6 felony, involving a person who initiates a report of a serious offense involving an educational institution or any place used for worship or for religious services knowing that such report is false and intending that it was cause an emergency response.   

History

Under current law, a person commits the criminal offense of false reporting by initiating or circulating a report of a bombing, fire, offense or other emergency knowing that such report is false and intending:

1) that it will cause action of any sort by an official or volunteer agency organized to deal with emergencies;

2) that it will place a person in fear of imminent serious physical injury; or

3) that it will prevent or interrupt the occupation of any building, room, place of assembly, public place or means of transportation.

False reporting is classified as either a class 1 misdemeanor for a first offense or a class 6 felony for a second or subsequent violation. In addition to any other applicable penalties for false reporting, if the offense results in an emergency response or investigation of false reporting, a convicted person is liable for the expenses that are incurred incident to the emergency response or the false reporting investigation, except that these expenses may be imposed by a court in the form of restitution if the person is a juvenile who is adjudicated delinquent. These expenses are a debt to the convicted person, and the public agency, for profit entity or not-for-profit entity that incurred the expenses may collect the debt proportionally.

For these purposes, expenses are defined as any reasonable costs that are directly incurred by a public agency, for profit entity or not-for-profit entity that makes an appropriate emergency response to an incident or an investigation of the commission of false reporting, including the costs of providing police, fire fighting, rescue and emergency medical services at the scene of an incident and the salaries of the persons who respond to the incident. However, the term does not include any charges that are assessed by an ambulance service that is regulated pursuant to A.R.S. title 36, chapter 21.1, article 2.

Moreover, public agency means the state of Arizona, any city, county, municipal corporation or district, any Arizona federally recognized Native American tribe or any other public authority that is located in whole or in part in this state and that provides police, fire fighting, medical or other emergency services (A.R.S. § 13-2907).

A serious offense is defined in the criminal code to include the following offenses:

1) first degree murder;

2) second degree murder;

3) manslaughter;

4) aggravated assault resulting in serious physical injury or involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument;

5) sexual assault;

6) any dangerous crime against children;

7) arson of an occupied structure;

8) armed robbery;

9) burglary in the first degree;

10) kidnapping;

11) sexual conduct with a minor under 15 years old;

12) child sex trafficking (A.R.S. § 13-706).

Provisions

1. Establishes a new form of false reporting that a person commits by initiating a report of a serious offense involving an educational institution or any place used for worship or for religious services knowing that such report is false and intending that it was cause an emergency response. (Sec. 1)

2. Classifies this new form of false reporting as a class 6 felony. (Sec. 1)

3. Removes the term offense from the language defining the existing offense of false reporting. (Sec. 1)

4. Specifies that, for purposes of this new offense, serious offense has the same meaning as provided in A.R.S. § 13-706.

5. Defines the terms educational institution and emergency response. (Sec. 1)

6. Makes technical and conforming changes. (Sec. 1)

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10.                   HB 2508

11. Initials JL Page 0 Transmitted

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