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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
AMENDED
false reporting; public alarm; classification
Purpose
Expands the criminal classification of false reporting to make it
unlawful for a person to knowingly initiate a false report of a serious offense
knowing that such report is false and intending that it will cause an emergency
response. Classifies a violation as a class 6 felony.
Background
A person commits false reporting by initiating or circulating a report of a bombing, fire, offense or other emergency knowing that such report is false and intending that it will cause action of any sort by an official or volunteer agency organized to deal with emergencies, or that it will place a person in fear of imminent serious physical injury or that it will prevent or interrupt the occupation of any building, room, place of assembly, public place or means of transportation.
A person who commits false reporting that results in an emergency response or investigation of false reporting and who is convicted of a violation is liable for the expenses that are incurred due to the emergency response or the investigation of the commission of false reporting except if the person is a juvenile. False reporting is a class 1 misdemeanor, except that a second or subsequent violation is a class 6 felony (A.R.S. § 13-2907).
Serious offense means: 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 including burglary in the first degree; 9) kidnapping; 10) sexual conduct with a minor under 15 years old; or 11) child sex trafficking (A.R.S. § 13-706).
A class 6 felony carries a presumptive sentence of one year for first
time offenders and a fine of not more than $150,000. A class 1 misdemeanor
carries a maximum sentence of six months for first time offenders and a fine of
not more than $2,500 (A.R.S. §§ 13-702,
13-707,
13-801,
and
13-802).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Expands the criminal classification of false reporting to include that a person commits false reporting by initiating a report of a serious offense knowing that such report is false and intending that it will cause an emergency response.
2. Classifies, as a class 6 felony, a violation of false reporting if the violation involves a serious offense.
3. Defines emergency response, for the purpose of false reporting, as an immediate response by a law enforcement agency.
4. Adds the federal government to the definition of public agency.
5. Makes technical and conforming changes.
6. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Expands the criminal classification of false reporting to add that a person commits false reporting by initiating or circulating a report of a criminal offense or other emergency, involving an educational institution or any place used for religious services, knowing that the report is false and intending that it was cause an emergency response.
2. Defines emergency response, for the purpose of false reporting, as an immediate response by a law enforcement agency.
3. Makes technical and conforming changes.
Amendments Adopted by Committee of the Whole
1. Specifies that a person commits false reporting only by initiating, rather than circulating, a report of a serious, rather than criminal, offense knowing that such a report is false and intending that it will cause an emergency response.
2. Removes the requirement that the false report involve an educational or religious institution in order to be classified as a class 6 felony.
3. Removes definition of educational institution.
4. Makes technical and conforming changes.
Senate Action
JUD 2/1/24 DPA 5-2-0
Prepared by Senate Research
February 26, 2024
ZD/KK/cs