Virginia 2023 Regular Session Status: Enacted

SB 1291 — False emergency communication to emergency personnel; false information, penalties, report.

Last action — Acts of Assembly Chapter text (CHAP0023)

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House of Delegates
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 10, 2023. Enacted.

Signed by Governor Glenn Youngkin (Republican) on March 16, 2023.

Prognosis

Advancing 38% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Failed a recorded vote

    Failed 6 recorded votes so far — a real headwind.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

60 added · 56 removed

Plain-language change summary

The amendment updates § 15.2-1716.1 of the Code of Virginia to specify that any person convicted under § 18.2-461.1, when their violation leads to an emergency response, may be liable for the reasonable expenses incurred by responding agencies. It clarifies that localities can assess costs up to $2,500 for a particular incident and differentiates how expenses may be billed. This change aims to facilitate the recovery of costs associated with emergency responses to incidents involving false alarms or similar violations.

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SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY –– CHAPTER E An Act to amend and reenact § 15.2-1716.1 of the Code of Virginia and to amend the Code of Virginia device;
VIRGINIA ACTS OF ASSEMBLY -- 2023 SESSION CHAPTER 23 An Act to amend and reenact § 15.2-1716.1 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 18.2-461.1, relating to emergency response;
penalty.ion numbered 18.2-461.1, relating to emergency response;
false information by device;
false information bR O [S 1291] L Approved L Be it enacted by the General Assembly of Virginia:
penalty.
E 1.
[S 1291] Approved March 16, 2023 Be it enacted by the General Assembly of Virginia:
That § 15.2-1716.1 of the Code of Virginia is amended and reenacted and that the Code of D Vir§ 15.2-1716.1.
1.
That § 15.2-1716.1 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding a section numbered 18.2-461.1 as follows:
§ 15.2-1716.1.
Any locality may provide by ordinance that any person who is convicted of a violation of subsection B or C of § 18.2-46.6, a felony violation of § 18.2-83 or 18.2-84, or a violation of § 18.2-212 or 18.2-461.1, when his violation of such section is the proximate cause of any incident resulting in an appropriate emergency response, shall be liable at the time of sentencing or in a separate civil action to the locality, the Virginia State Police, or to any volunteer emergency medical services agency,Bor both any combination thereof, which may provide such emergency response for the reasonable expense 2 locality.
Any locality may provide by ordinance that any person who is convicted of a violation of subsection 18.2-461.1, when his violation of such section is the proximate cause of any incident resulting in an appropriate emergency response, shall be liable at the time of sentencing or in a separate civil action to the locality, the Virginia State Police, or to any volunteer emergency medical services agency, or both any combination thereof, which may provide such emergency response for the reasonable expense thereof, in an amount not to exceed $2,500 in the aggregate for a particular incident occurring in such locality.
In determining the "reasonable expense," a locality may bill a flat fee of $250 or ag1in such minute-by-minute accounting of the actual costs incurred.
In determining the "reasonable expense," a locality may bill a flat fee of $250 or a minute-by-minute accounting of the actual costs incurred.
As used in this section, "appropriateE emergency response" includes all costs of providing law-enforcement, firefighting, and emergency medical services.
As used in this section, "appropriate emergency response" includes all costs of providing law-enforcement, firefighting, and emergency medical services.
A.
As used in this section:
information provided by such person, a false emergency communication to any emergency personnel thatse results in an emergency response is guilty of a Class 1 misdemeanor.
B.
Any person who knowingly reports, or causes another to report in reliance on intentionally false information provided by such person, a false emergency communication to any emergency personnel that results in an emergency response is guilty of a Class 1 misdemeanor.
Any person who reports, or causes another to report in reliance on intentionally false information an emergency response and any person is killed as a direct and proximate result of the false emergency communication to personnel is guilty of a Class 5 felony.
Any person who reports, or causes another to report in reliance on intentionally false information provided by such person, a false emergency communication to any emergency personnel that results in an emergency response and any person is killed as a direct and proximate result of the false emergency communication to personnel is guilty of a Class 5 felony.
That the provisions of this act may result in a net increase in periods of imprisonment or necessary appropriation cannot be determined for periods of imprisonment in state adulte correctional facilities;
That the provisions of this act may result in a net increase in periods of imprisonment or commitment.
therefore, Chapter 2 of the Acts of Assembly of 2022, Special Session I, of 2 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000.
Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities;
Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.
therefore, Chapter 2 of the Acts of Assembly of 2022, Special Session I, requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000.
Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary of 2 appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.
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Action History

  1. Acts of Assembly Chapter text (CHAP0023)

  2. Approved by Governor-Chapter 23 (effective 7/1/23)

  3. Governor's Action Deadline 11:59 p.m., March 27, 2023

  4. Enrolled Bill Communicated to Governor on March 2, 2023

  5. Signed by President

  6. Signed by Speaker

  7. Impact statement from DPB (SB1291ER)

  8. Bill text as passed Senate and House (SB1291ER)

  9. Enrolled

  10. VOTE: Passage (88-Y 8-N)

  11. Passed House (88-Y 8-N)

  12. Read third time

  13. Read second time

  14. Reported from Courts of Justice (16-Y 3-N)

  15. Referred to Committee for Courts of Justice

  16. Read first time

  17. Placed on Calendar

  18. Read third time and passed Senate (40-Y 0-N)

  19. Impact statement from DPB (SB1291S1)

  20. Engrossed by Senate - committee substitute SB1291S1

  21. Committee substitute agreed to 23105682D-S1

  22. Reading of substitute waived

  23. Read second time

  24. Constitutional reading dispensed (38-Y 0-N)

  25. Reported from Finance and Appropriations (16-Y 0-N)

  26. Impact statement from VCSC (SB1291S1)

  27. Rereferred to Finance and Appropriations

  28. Committee substitute printed 23105682D-S1

  29. Reported from Judiciary with substitute (13-Y 2-N)

  30. Senate committee, floor amendments and substitutes offered

  31. Impact statement from DPB (SB1291)

  32. Impact statement from VCSC (SB1291)

  33. Referred to Committee on the Judiciary

  34. Prefiled and ordered printed; offered 01/11/23 23103560D

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 147 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (147)

147 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Subjects

public-safety
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Frequently asked questions

Who sponsors SB 1291?
SB 1291 is sponsored by R. Creigh Deeds.
What is the current status of SB 1291?
This bill has been enacted into law. Introduced January 10, 2023. Enacted.
Where can I track SB 1291?
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