ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

Second Regular Session

 

HB 2508: false reporting; public alarm; classification

Sponsor: Representative Gress, LD 4

Committee on Judiciary

Overview

Creates a new form of the existing criminal offense of false reporting involving a person who commits the offense intending that it will cause public alarm or an emergency response. Raises the sentencing classification for false reporting from a class 1 misdemeanor to a class 6 felony if the offense involves an educational institution or any place used for worship or for religious services.  

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).

Provisions

1.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteEstablishes a new form of false reporting involving a person who initiates or circulates a report of a bombing, fire, offense or other emergency knowing that such report is false and intending that it will cause public alarm or an emergency response. (Sec. 1)

2.   Raises the sentencing classification for all forms of false reporting, including the new form described above, from a class 1 misdemeanor to a class 6 felony if the offense involves an educational institution or any place used for worship or for religious services. (Sec. 1)

3.   For these purposes, defines an educational institution as any of the following:

a)   a public school as defined in A.R.S. § 15-101;

b)   a private school that provides instruction to pupils in any combination of kindergarten programs and grades one through twelve;

c) a community college as defined in A.R.S. § 15-1401;

d)   a university that is under the jurisdiction of the Arizona Board of Regents;

e)   a private postsecondary institution that is licensed under A.R.S. title 32, chapter 30, article 2;or

f) a college in the state of Arizona that is owned, operated or chartered by a federally recognized Native American tribe on the tribe's own Indian reservation. (Sec. 1)

4.   Adds the federal government to the definition of public agency for purposes of the false reporting statute. (Sec. 1)

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

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9.                     HB 2508

10.  Initials JL Page 0 Judiciary

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