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S7338Senate2017-2018 Session

Tougher Penalties for False Reports

Official title

“Relates to falsely reporting an incident”

Sponsor Martin J. GoldenSD-22Affects Legal
Status
In Senate Committee
Codes
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Codes

What's happening

This bill increases penalties for falsely reporting incidents that result in injury or death to emergency responders or others.

Why it matters

  1. Expands criminal liability. for making false emergency reports that lead to physical injury or death, not just to emergency responders but also to civilians affected by emergency response actions, increasing the consequences for "swatting" and similar dangerous hoaxes.

  2. Specifically includes volunteer emergency workers. (firefighters and ambulance workers) under enhanced protections, recognizing the risks faced by both paid and volunteer responders and ensuring penalties apply equally when they are harmed.

  3. Closes loopholes by updating degree classifications. The bill amends existing law so that if a false report leads to injury or death as a result of actions taken by emergency personnel, the offense is escalated to a higher degree with more severe penalties, even if the original report would have been a lower-degree crime.

  4. Aims to deter dangerous false reporting. by highlighting and penalizing the real-world harms these hoaxes can cause—not just public panic but also the risk of serious injury or death to those responding or affected by emergency actions.

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Who cares

Headline styles

Tougher Penalties for False Reports

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Martin J. Golden

Senator · Senate District 22

Chair, Civil Service And Pensions

No co-sponsors yet.

History

  1. Referred to codes

Full text

3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

7338

IN SENATE

January 8, 2018

Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation to falsely reporting an incident

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivisions 2 and 3 of section 240.55 of the penal law, subdivision 2 as amended by chapter 561 of the laws 1999, and subdivision 3 as added by chapter 301 of the laws of 2001 and as renumbered by chapter 302 of the laws of 2001, are amended and a new subdivision 4 is added to read as follows:

2. Reports, by word or action, to any official or quasi-official agency or organization having the function of dealing with emergencies involving danger to life or property, an alleged occurrence or impending occurrence of a fire, explosion, or the release of a hazardous substance which did not in fact occur or does not in fact exist; [or]

3. Knowing the information reported, conveyed or circulated to be false or baseless and under circumstances in which it is likely public alarm or inconvenience will result, he or she initiates or circulates a report or warning of an alleged occurrence or an impending occurrence of a fire, an explosion, or the release of a hazardous substance upon any private premises[.]; or

4. Commits the crime of falsely reporting an incident in the third degree as defined in subdivisions two and three of section 240.50 of this article and another person suffers physical injury as a result of the action undertaken by an employee or member of any official or quasi-official agency or organization having the function of dealing with emergencies involving danger to life or property; or who is a volunteer firefighter with a fire department, fire company, or any unit thereof as defined in the volunteer firefighters' benefit law; or who is a volunteer ambulance worker with a volunteer ambulance corporation or any unit thereof as defined in the volunteer ambulance workers' benefit law in response to such false report.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD14080-02-8

S. 7338 2

§ 2. Section 240.60 of the penal law, as amended by chapter 528 of the laws of 1995, subdivision 5 as added by chapter 561 of the laws of 1999 and subdivision 6 and the closing paragraph as amended by chapter 301 of the laws of 2001, is amended to read as follows: § 240.60 Falsely reporting an incident in the first degree.

A person is guilty of falsely reporting an incident in the first degree when he or she:

1. commits the crime of falsely reporting an incident in the second degree as defined in section 240.55 of this article, and has previously been convicted of that crime; or

2. commits the crime of falsely reporting an incident in the third degree as defined in subdivisions one and two of section 240.50 of this article or falsely reporting an incident in the second degree as defined in subdivisions one and two of section 240.55 of this article and another person who is an employee or member of any official or quasi-official agency having the function of dealing with emergencies involving danger to life or property; or who is a volunteer firefighter with a fire department, fire company, or any unit thereof as defined in the volunteer firefighters' benefit law; or who is a volunteer ambulance worker with a volunteer ambulance corporation or any unit thereof as defined in the volunteer ambulance workers' benefit law suffers serious physical injury or is killed in the performance of his or her official duties in traveling to or working at or returning to a firehouse, police station, quarters or other base facility from the location identified in such report; or

3. commits the crime of falsely reporting an incident in the third degree as defined in subdivisions one and two of section 240.50 of this article or falsely reporting an incident in the second degree as defined in subdivisions one and two of section 240.55 of this article and another person suffers serious physical injury or is killed as a result of any vehicular or other accident involving any emergency vehicle which is responding to, operating at, or returning from the location identified in such report.

[4.] An emergency vehicle as referred to in this subdivision [three of this section] shall include any vehicle operated by any employee or member of any official or quasi-official agency having the function of dealing with emergencies involving danger to life or property and shall include, but not necessarily be limited to, an emergency vehicle which is operated by a volunteer firefighter with a fire department, fire company, or any unit thereof as defined in the volunteer firefighters' benefit law; or by a volunteer ambulance worker with a volunteer ambulance corporation, or any unit thereof as defined in the volunteer ambulance workers' benefit law[.]; or

4. commits the crime of falsely reporting an incident in the third degree as defined in subdivisions two and three of section 240.50 of this article and another person suffers serious physical injury or death as a result of the action undertaken by an employee or member of any official or quasi-official agency or organization having the function of dealing with emergencies involving danger to life or property; or who is a volunteer firefighter with a fire department, fire company, or any unit thereof as defined in the volunteer firefighters' benefit law; or who is a volunteer ambulance worker with a volunteer ambulance corporation or any unit thereof as defined in the volunteer ambulance workers' benefit law in response to such false report; or

5. [Knowing] knowing the information reported, conveyed or circulated to be false or baseless and under circumstances in which it is likely

S. 7338 3

public alarm or inconvenience will result, [he or she] initiates or circulates a report or warning of an alleged occurrence or an impending occurrence of a fire, an explosion, or the release of a hazardous substance upon school grounds and it is likely that persons are present on said grounds[.]; or

6. [Knowing] knowing the information reported, conveyed or circulated to be false or baseless and under circumstances in which it is likely public alarm or inconvenience will result, [he or she] initiates or circulates a report or warning of an alleged occurrence or impending occurrence of a fire, explosion or the release of a hazardous substance in or upon a sports stadium or arena, mass transportation facility, enclosed shopping mall, any public building or any public place, and it is likely that persons are present. For purposes of this subdivision, the terms "sports stadium or arena, mass transportation facility or enclosed shopping mall" shall have their natural meaning and the term "public building" shall have the meaning set forth in section four hundred one of the executive law.

Falsely reporting an incident in the first degree is a class D felony.

§ 3. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the penal law, in relation to falsely reporting an incident

Purpose or general idea of bill

To make the false report of an incident which results in injury to another as a result of actions undertaken by any agencies which deal with dangers to life and property, falsely reporting an incident in the third degree. And when such false reporting in results in serious injury or death, falsely reporting an incident in the first degree.

Summary of provisions

Section one adds a new subdivision 4 to section 240.55 of the penal law which provides that a person commits the crime of falsely reporting an incident in the third degree when another person suffers physical injury as a result of the action undertaken by any member of any official or quasi official agency or organization which deals with dangers to life or property; or who is a volunteer firefighter with a fire department, fire company, or any unit as defined in the volunteer firefighters bene- fit law; or who is a volunteer ambulance worker with a volunteer ambu- lance corporation or any unit defined in the volunteer ambulance workers benefit law in response to a false report.

Section two provides that a person is guilty of falsely reporting an incident in the first degree when he or she commits the crime of falsely reporting an incident in the 3rd degree as defined in subdivisions two and three of section 240.55 of this article and another person suffers serious physical injury or death as a result of the action undertaken by an employee or member of any official or quasi official agency or organ- ization which deals with dangers to life or property; or who is a volun- teer firefighter with a fire department, fire company, or 'any unit as defined in the volunteer firefighters benefit law; or who is a volunteer ambulance worker with a volunteer ambulance corporation or any unit defined in the volunteer ambulance workers benefit law in response to a false report.

Section three provides that this law shall take effect on the first of November next succeeding the date on which it shall have become a law.

Existing law

New law

Justification

The phenomenon known as "swatting" occurs when a disgruntled individual calls in a false report of violence to law enforcement authorities. When emergency operators receive such calls, they are trained to act swiftly and, if the situation so warrants, with deadly force in order to prevent loss of life.

A recent incidence of swatting in Kansas illustrates the danger of these false reports. An online argument between players of the popular game Call of Duty turned deadly when one player gave a fake address to a player with whom he was arguing. The false report led a heavily armed SWAT team to descend on the home of an unsuspecting Wichita family. The false report ultimately resulted in the death of the father of the Wichita family, when he was shot to death by police.

It is vital that the State of New York be proactive when it comes to combating false reporting that undermines both the security and safety of our citizens. With this change to the law we can ensure that should any similar incident take place in our state, the penalty will fit the crime.

Prior legislative history

New bill

Fiscal implications

None to the state.

Effective date

This act shall take effect on the first of November next succeeding the date on which it shall have become a law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.