Bill Text: MN HF1043 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Emergency 911 call new crimes created, and criminal penalties provided.
Sponsorship: Bipartisan Bill
Status: (Introduced - Dead) 2013-04-16 - HF indefinitely postponed [HF1043 Detail]
Download: Minnesota-2013-HF1043-Introduced.html
1.2relating to public safety; creating new crimes relating to 911 emergency calls;
1.3providing criminal penalties;amending Minnesota Statutes 2012, section 609.78.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2012, section 609.78, is amended to read:
1.6609.78 EMERGENCY TELEPHONE CALLS AND COMMUNICATIONS.
1.7 Subdivision 1. Misdemeanor offenses. Whoever does the following is guilty of a
1.8misdemeanor:
1.9(1) refuses to relinquish immediately a coin-operated telephone or a telephone
1.10line consisting of two or more stations when informed that the line is needed to make
1.11an emergency call;
1.12(2) secures a relinquishment of a coin-operated telephone or a telephone line
1.13consisting of two or more stations by falsely stating that the line is needed for an emergency;
1.14(3) publishes telephone directories to be used for telephones or telephone lines and
1.15the directories do not contain a copy of this section;
1.16(4) makes a call for emergency police, fire, medical, or ambulance service, knowing
1.17that no police, fire, or medical emergency exists;or
1.18(5) interrupts, disrupts, impedes, or otherwise interferes with the transmission of a
1.19citizen's band radio channel communication the purpose of which is to inform or inquire
1.20about a medical emergency or an emergency in which property is or is reasonably believed
1.21to be in imminent danger of damage or destruction.; or
1.22(6) makes or initiates an emergency call, knowing that no emergency exists, and
1.23with the intent to disrupt, interfere with, or reduce the provision of emergency services
2.1or the emergency call center's resources, remains silent, or makes abusive or harassing
2.2statements to the call recipient.
2.3 Subd. 2.Interference with emergency call; Gross misdemeanor offense offenses.
2.4A person who Whoever does the following is guilty of a gross misdemeanor:
2.5(1) intentionally interrupts, disrupts, impedes, or interferes with an emergency call or
2.6who intentionally prevents or hinders another from placing an emergency call, and whose
2.7conduct does not result in a violation of section609.498 , is guilty of a gross misdemeanor
2.8and may be sentenced to imprisonment for not more than one year or to payment of a fine
2.9of not more than $3,000, or both.;
2.10(2) places an emergency call and reports a fictitious emergency with the intent
2.11of prompting an emergency response by law enforcement, fire, or emergency medical
2.12services personnel; or
2.13(3) violates subdivision 1, clause (6), after having been previously convicted or
2.14adjudicated delinquent for violating that clause.
2.15 Subd. 2a. Felony offense; reporting fictitious emergency resulting in serious
2.16injury. Whoever violates subdivision 2, clause (2), is guilty of a felony and may be
2.17sentenced to imprisonment for not more than ten years or to payment of a fine of not more
2.18than $20,000, or both, if the call triggers an emergency response and, as a result of the
2.19response, someone suffers great bodily harm or death.
2.20 Subd. 2b. Other felony offenses. Whoever does the following is guilty of a felony
2.21and may be sentenced to imprisonment for not more than five years or to payment of
2.22a fine of not more than $10,000, or both:
2.23(1) violates subdivision 1, clause (6), after having been previously convicted or
2.24adjudicated delinquent for violating that clause on more than one occasion; or
2.25(2) intentionally uses multiple communications devices or electronic means to block,
2.26interfere with, overload, or otherwise prevent the emergency call center's system from
2.27functioning properly, and these actions make the system unavailable to someone needing
2.28emergency assistance.
2.29 Subd. 3. Definition. (a) Except as provided in paragraph (b), for purposes of this
2.30section, "emergency call" means:
2.31(1) a 911 call;
2.32(2) any call for emergency medical or ambulance service; or
2.33(3) any call for assistance from a police or fire department or for other assistance
2.34needed in an emergency to avoid serious harm to person or property,
2.35and an emergency exists.
2.36(b) As used in subdivisions 1, clause (6); 2, clause (2); and 2a:
3.1(1) "call" includes the use of any of the following methods of communication:
3.2telephones, facsimiles, voice-over-Internet protocols, e-mail messages, text messages, and
3.3electronic transmissions of an image or video; and
3.4(2) "emergency call" has the meaning given in paragraph (a) but does not require
3.5the existence of an emergency.
3.6EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
3.7committed on or after that date.
1.3providing criminal penalties;amending Minnesota Statutes 2012, section 609.78.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2012, section 609.78, is amended to read:
1.6609.78 EMERGENCY TELEPHONE CALLS AND COMMUNICATIONS.
1.7 Subdivision 1. Misdemeanor offenses. Whoever does the following is guilty of a
1.8misdemeanor:
1.9(1) refuses to relinquish immediately a coin-operated telephone or a telephone
1.10line consisting of two or more stations when informed that the line is needed to make
1.11an emergency call;
1.12(2) secures a relinquishment of a coin-operated telephone or a telephone line
1.13consisting of two or more stations by falsely stating that the line is needed for an emergency;
1.14(3) publishes telephone directories to be used for telephones or telephone lines and
1.15the directories do not contain a copy of this section;
1.16(4) makes a call for emergency police, fire, medical, or ambulance service, knowing
1.17that no police, fire, or medical emergency exists;
1.18(5) interrupts, disrupts, impedes, or otherwise interferes with the transmission of a
1.19citizen's band radio channel communication the purpose of which is to inform or inquire
1.20about a medical emergency or an emergency in which property is or is reasonably believed
1.21to be in imminent danger of damage or destruction
1.22(6) makes or initiates an emergency call, knowing that no emergency exists, and
1.23with the intent to disrupt, interfere with, or reduce the provision of emergency services
2.1or the emergency call center's resources, remains silent, or makes abusive or harassing
2.2statements to the call recipient.
2.3 Subd. 2.
2.4
2.5(1) intentionally interrupts, disrupts, impedes, or interferes with an emergency call or
2.6who intentionally prevents or hinders another from placing an emergency call, and whose
2.7conduct does not result in a violation of section
2.8
2.9
2.10(2) places an emergency call and reports a fictitious emergency with the intent
2.11of prompting an emergency response by law enforcement, fire, or emergency medical
2.12services personnel; or
2.13(3) violates subdivision 1, clause (6), after having been previously convicted or
2.14adjudicated delinquent for violating that clause.
2.15 Subd. 2a. Felony offense; reporting fictitious emergency resulting in serious
2.16injury. Whoever violates subdivision 2, clause (2), is guilty of a felony and may be
2.17sentenced to imprisonment for not more than ten years or to payment of a fine of not more
2.18than $20,000, or both, if the call triggers an emergency response and, as a result of the
2.19response, someone suffers great bodily harm or death.
2.20 Subd. 2b. Other felony offenses. Whoever does the following is guilty of a felony
2.21and may be sentenced to imprisonment for not more than five years or to payment of
2.22a fine of not more than $10,000, or both:
2.23(1) violates subdivision 1, clause (6), after having been previously convicted or
2.24adjudicated delinquent for violating that clause on more than one occasion; or
2.25(2) intentionally uses multiple communications devices or electronic means to block,
2.26interfere with, overload, or otherwise prevent the emergency call center's system from
2.27functioning properly, and these actions make the system unavailable to someone needing
2.28emergency assistance.
2.29 Subd. 3. Definition. (a) Except as provided in paragraph (b), for purposes of this
2.30section, "emergency call" means:
2.31(1) a 911 call;
2.32(2) any call for emergency medical or ambulance service; or
2.33(3) any call for assistance from a police or fire department or for other assistance
2.34needed in an emergency to avoid serious harm to person or property,
2.35and an emergency exists.
2.36(b) As used in subdivisions 1, clause (6); 2, clause (2); and 2a:
3.1(1) "call" includes the use of any of the following methods of communication:
3.2telephones, facsimiles, voice-over-Internet protocols, e-mail messages, text messages, and
3.3electronic transmissions of an image or video; and
3.4(2) "emergency call" has the meaning given in paragraph (a) but does not require
3.5the existence of an emergency.
3.6EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
3.7committed on or after that date.
