Delaware-2015-SB99-Draft

SPONSOR:	Sen. Lawson & Rep. Ramone
	Sens. Bonini, Cloutier, Ennis, Hocker, Lavelle, Lopez, Pettyjohn, Richardson, Simpson; Reps. Briggs King, Carson, Lynn, Miro, Osienski, Paradee, D. Short, Wilson, Smyk

DELAWARE STATE SENATE

148th GENERAL ASSEMBLY

SENATE BILL NO. 99

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO FALSELY REPORTING A VIOLATION OF A PROTECTION FROM ABUSE ORDER.

Section 1.Amend §1245, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§1245. Falsely reporting an incident; class A misdemeanor.

(a) A person is guilty of falsely reporting an incident when, knowing the information reported, conveyed or circulated is false or baseless, the person:

(1) Initiates or circulates a false report or warning of or impending occurrence of a fire, explosion, crime, catastrophe or emergency under circumstances in which it is likely that public alarm or inconvenience will result or that fire-fighting apparatus, ambulance or a rescue vehicle might be summoned; or

(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 other catastrophe or emergency which did not in fact occur or does not in fact exist; or

(3) Reports to a law-enforcement officer or agency:

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

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

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

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. ; or

e.That a Protection from Abuse Order has been violated.

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

(b) Falsely reporting an incident is a class A misdemeanor, unless the defendant has violated this section previously, in which case it shall be a class G felony. In addition to the penalties otherwise authorized by law, any person convicted of an offense in violation of this section shall pay a fine of not less than $500, or less than $1,000 for a violation of paragraph (3)d. of subsection (a) of this section, which fine cannot be suspended and be sentenced to perform a minimum of 100 hours of community service, and shall be required to reimburse the State, or other responding or other investigating governmental agency, for any expenses expended in the investigation and/or response to the incident falsely reported.