SB 26 — AN ACT TO AMEND TITLE 11 AND TITLE 16 OF THE DELAWARE CODE RELATING TO FALSELY REPORTING AN INCIDENT.

Delcollo &DELAWARE Sen.STATE SENATE 150th GENERAL ASSEMBLY SENATE AMENDMENT NO.

Ennis1 &TO Rep.SENATE BILL NO.

Smyk26 &AMEND Rep.Senate Bill No.

Mitchell26 Sens.on line 5 by deleting “any” after “does” and before “of” therein and inserting in lieu thereof “1 or more”.

Cloutier,FURTHER Pettyjohn,AMEND Sokola;Senate Bill No.

Reps.26 on line 12 by deleting “any” after “agency” and before “of” therein and inserting in lieu thereof “1 or more”.

BriggsFURTHER King,AMEND Cooke,Senate Ramone,Bill YearickNo. DELAWARE STATE SENATE 150th GENERAL ASSEMBLY SENATE BILL NO.

26 ANby ACTdeleting TOlines AMEND22 TITLEthrough 1134 ANDin TITLEtheir 16entirety OFand THEinserting DELAWAREin CODElieu RELATINGthereof TOthe FALSELYfollowing: REPORTING AN INCIDENT.

BE“(b) ITFalsely ENACTEDreporting BYan THEincident GENERALis ASSEMBLYa OFclass THEA STATEmisdemeanor, OFunless DELAWARE:the defendant has violated this section previously, in which case it shall be is a class G felony.

SectionIn 1.addition to the penalties otherwise authorized by law, any person convicted of an offense in violation of this section shall must be sentenced as follows:

Amend(1) §pay 1245,To Titlepay 11a fine of thenot Delawareless Codethan by$500, makingor deletionsless asthan shown$1,000 by$ strike500 throughor, andfor insertionsa asviolation shownof byparagraph underline(3)d. as follows:

§of 1245.this section, which fine cannot be suspended and a fine of not less than $1,000.

FalselyA reportingfine animposed incident;under this paragraph (b)(1) of this section cannot be suspended.

class(2) Abe misdemeanor.sentenced to perform To perform a minimum of 100 hours of community service, and service.

(a)(3) Ashall personbe isrequired guiltyto ofreimburse falselyTo reportingreimburse anthe incidentState, when,or knowingother theresponding informationor reported,other conveyedinvestigating conveyed,governmental oragency, circulatedfor isany falseexpenses orexpended baseless,in the personinvestigation doesand/or any of or response to the following:incident falsely reported.

(1)(4) InitiatesOn orconviction circulatesfor a falseviolation report or warning of orparagraphs impending(a)(3)a. occurrence of a fire, explosion, crime, catastrophe catastrophe, or emergency under circumstances in which it is likely that public alarm or inconvenience will result or that fire-fighting apparatus, ambulance ambulance, or a rescue vehicle might be summoned;

orthrough summoned.(a)(3)c.

(2)of Reports,this bysection, word or action, to anypay officialrestitution or quasi-official agency or organization having the function of dealing with emergencies involving danger to life or property, an allegedindividual occurrencewho oris impendingthe occurrencesubject of athe fire,false explosionreport.”. explosion, or other catastrophe or emergency which did not in fact occur or does not in fact exist;

orSYNOPSIS exist.This Amendment makes technical corrections to the Act to correct drafting errors.

(3) Reports to a law-enforcement officer or agency any of the following:

a.

The alleged occurrence of an offense or incident which did not in fact occur;

or occur.

b.

An allegedly impending occurrence of an offense or incident which is not in fact about to occur;

or occur.

c.

False information relating to an actual offense or incident or to the alleged implication of some person therein;

or in the offense or incident.

d.

The alleged abduction of a child which would generate the activation of a state-wide and interstate alert response and law-enforcement broadcast when such abduction has not, in fact, occurred.

(4) Without just cause, calls or summons by telephone, fire alarm system system, or otherwise, any fire- fighting apparatus, ambulance ambulance, or rescue truck.

LC :

MJC :

NMX Page 1 of 3 Released:

02/26/2019 04:48 PM (b) Falsely reporting an incident is a class A misdemeanor, unless the defendant has violated this section previously, in which case it shall be is a class G felony.

(1) In addition to the penalties otherwise authorized by law, any person convicted of a violation of paragraph (a)(3)a.

through c.

of this section shall pay restitution, as determined by a court under Chapter 41 of this title, to an individual who is the subject of the false report.

(2) In addition to the penalties otherwise authorized by law, any person convicted of a violation of paragraph (a)(3)d.