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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
false
reporting; public alarm; classification
(NOW: public alarm; false reporting; classification)
Purpose
Expands the criminal classification of false reporting to make it unlawful for a person to knowingly initiate 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 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 involving an educational institution or any place used for worship or for religious services 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 an educational institution or any place used for worship or for religious services.
3. Defines emergency response, for the purpose of false reporting, as an immediate response by a law enforcement agency.
4. Defines educational institution for the purposes of the false reporting classification.
5. Removes offense from the existing definition of the false reporting classification.
6. Prescribes the same definition for serious offense as provided in statute.
7. Makes technical and conforming changes.
8. Becomes effective on the general effective date.
House Action
JUD 1/31/24 DPA/SE 5-3-0-1
3rd Read 2/28/24 35-24-0-0-1
Prepared by Senate Research
March 11, 2024
ZD/KK/cs