HB0113S02Enrolled comparedCopy withH.B. HB0113 {Omitted text} shows text that was in HB0113 but was omitted in HB0113S02 inserted text shows text that was not in HB0113 but was inserted into HB0113S02 DISCLAIMER:

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Emergency Reporting Abuse Amendments GENERAL SESSION STATE OF UTAH Chief Sponsor:

Monson Senate Sponsor:LincolnSponsor: Fillmore 3 LONG TITLE General Description:

Lincoln Fillmore 3 LONG TITLE General Description:

{and} ▸ moves a definition to the statute in which the definition is referenced;

None H Other Special Clauses:

B None 1 Utah Code Sections Affected:

HB0113 compared with HB0113S02 AMENDS:

76-9-105.576-9-105.5, , as renumbered and amended by Laws of Utah 2025, Chapter 173 76-9-105.676-9-105.6, , as enacted by Laws of Utah 2025, Chapter 173 Be it enacted by the Legislature of the state of Utah:

76-9-105.5.76-9-105.5 .

(1)(1)(a) (a) As used in this section:

(i)H.B. "Emergency" means a situation in which property or human life is in jeopardy and the prompt summoning of aid is essential to the preservation of human life or property.

113 Enrolled Copy (i) "Emergency" means a situation in which property or human life is in jeopardy and the prompt summoning of aid is essential to the preservation of human life or property.

(b) makes a false report, or intentionally aids, abets, or causes another person to make a false report, through any means to an emergency response service, including a law enforcement dispatcher or a 911 emergency response service, if the false report claims that:

and (iii) the emergency described in Subsection (2)(b)(i) is occurring, or will occur, at a specified location;[ or] (c) makes a false report after having previously made a false report, or intentionally [aides][ aides] aids, abets, or causes a third party to make a false report, to an emergency response service, including a - 2 - HB0113 compared with HB0113S02 law enforcement dispatcher or a 911 emergency response service, alleging a violation of Section 63G-31-302 regarding a sex-designated changing room[.] ;

or (d)(d)(i) (i) under circumstances not amounting to an offense described in Subsection (2)(a) or (b), contacts, through any means, a 911 emergency response service, when the actor knows, or reasonably should know, that no actual or perceived emergency, crime, or other circumstance jeopardizing public safety exists;

and (ii) has previously been informed by a 911 response service dispatcher, a law enforcement officer, or a prosecuting attorney that the circumstance the actor is reporting to a 911 emergency response service, or a substantially similar circumstance,- is2 not- aEnrolled circumstanceCopy thatH.B. is appropriate for being reported to a 911 emergency response service.

(3)113 (a)circumstance, (i)is Exceptnot asa providedcircumstance inthat Subsectionis {[(3)(b){]}appropriate (3)(a)(ii),for (d),being orreported (e)},to (f), or (g), a violation911 ofemergency Subsectionresponse (2)(a)service. is a class B misdemeanor.

{[(b){]}(3)(a) {(ii)}Except }as Aprovided violationin of Subsection (2)(a)(3)(b), is(f), aor second(g), degreea felonyviolation ifof theSubsection report(2)(a) is regarding a weaponclass ofB massmisdemeanor. destruction.

{[(c){]}(b) {(b)} } A violation of Subsection (2)(b)(2)(a) is a second degree felony.felony if the report is regarding a weapon of mass destruction.

{[(d){]}(c) {{(c)} } {[} A {]}violation Except as provided in Subsection (3)(d) or (e), a }violation of Subsection (2)(c)(2)(b) is a classsecond Bdegree misdemeanor.felony.

(d){(e)}(d) ExceptA as provided in Subsection {(3)(a)(ii) } (3)(f) or {(e)} (g), a violation of Subsection {(2)(2)(c) (a) or (c) } (2)(d) is a {third degree felony if the violation:} class B misdemeanor.

(i){(f)}(e) {is the actor's third } Except as provided in Subsection (3)(b)(3)(f) or {subsequent(g), convictiona orviolation adjudicationof underSubsection this(2)(d) section;is a class B misdemeanor.

}(f) Except as provided in Subsection (3)(b) or (g), a violation of Subsection (2)(a) or(d)or (d) is a class A misdemeanor if:

(ii){(i)}(i) {causes an emergency response, } the violation is the actor's third or {a delay of an emergency response to another request for emergency services} subsequent conviction or adjudication under Subsection (2)(a), {that results in:} (b), or (d);

or (A){(ii)}(ii)(A) (A) {bodily injury or substantial bodily injury } the actor was reckless as to {an } whether the actor's violation could jeopardize the safety of any individual;

{or} and - 3 - HB0113 compared with HB0113S02 (B) the actor's violation causes an emergency response, or a delay of an emergency response to another request for emergency services, that results in serious bodily injury to an individual or pecuniary loss equal to, or in excess,excess ofof, $5,000 in value.

(e){(g)}(g) Except as provided in Subsection {(3)(a)(ii)} (3)(b), a violation of Subsection (2)(a) or {(c) } (d) is a {second } third degree felony ifif: {the violation causes an emergency response, or a delay of an emergency response to another request for emergency services, that results in} :

(i) {serious bodily injury } the actor was reckless as to {an } whether the actor's violation could jeopardize the safety of any individual;

{or} and (ii) {death to } the actor's violation causes an emergency response, or a delay of an emergency response to another request for emergency services, that results in the death of any individual.

(4)(4)(a) (a) In addition to another penalty authorized by law, a court shall order an actor convicted of a violation of this section to:

and (ii)(ii)(A) (A) serve a minimum of four days {in jail} of incarceration;

(b)- The3 court- mayH.B. order that the actor pay less than the full amount of the costs described in Subsection [(4)(a)] (4)(a)(i) only if the court states on the record the reasons why the reimbursement would be inappropriate.