Bill Text: VA HB1572 | 2023 | Regular Session | Chaptered
Bill Title: False emergency communication to emergency personnel; false information, penalties, report.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2023-03-16 - Governor: Acts of Assembly Chapter text (CHAP0022) [HB1572 Detail]
Download: Virginia-2023-HB1572-Chaptered.html
Be it enacted by the General Assembly of Virginia:
1. That §15.2-1716.1 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding a section numbered 18.2-461.1 as follows:
§15.2-1716.1. Reimbursement of expenses incurred in responding to terrorism hoax incident, bomb threat, or malicious activation of fire alarm.
Any locality may provide by ordinance that any person who is
convicted of a violation of subsection B or C of §18.2-46.6, a felony
violation of §18.2-83 or 18.2-84, or a violation of §18.2-212 or
18.2-461.1, when his violation of such section is the proximate cause of
any incident resulting in an appropriate emergency response, shall be liable at
the time of sentencing or in a separate civil action to the locality, the
Virginia State Police, or to any volunteer emergency medical
services agency, or both any combination thereof, which may provide
such emergency response for the reasonable expense thereof, in an amount not to
exceed $2,500 in the aggregate for a particular incident occurring in such
locality. In determining the "reasonable expense," a locality may
bill a flat fee of $250 or a minute-by-minute accounting of the actual costs
incurred. As used in this section, "appropriate emergency response"
includes all costs of providing law-enforcement, firefighting, and emergency
medical services. The provisions of this section shall not preempt or limit any
remedy available to the Commonwealth, to the locality, or to any volunteer
emergency medical services agency to recover the reasonable expenses of an
emergency response to an incident not involving a terroristic hoax or an act
undertaken in violation of §18.2-83, 18.2-84, or 18.2-212, or
18.2-461.1 as set forth herein.
§18.2-461.1. False emergency communication to emergency personnel; penalties.
A. As used in this section:
"Emergency communication" means a communication of any type to report a fire or to summon a firefighter, as defined in § 65.2-107, law-enforcement officer, as defined in §9.1-101, or emergency medical services personnel, as defined in §32.1-111.1, in a situation where human life, health, or property is reported to be in jeopardy and the prompt summoning of aid is essential.
"Emergency personnel" means the same as that term is defined in §18.2-426.
"Emergency response" means a response by a firefighter, law-enforcement officer, or emergency medical services personnel to a situation where human life, health, or property is in jeopardy and the prompt provision of aid is essential to protect human life, health, or property.
B. Any person who knowingly reports, or causes another to report in reliance on intentionally false information provided by such person, a false emergency communication to any emergency personnel that results in an emergency response is guilty of a Class 1 misdemeanor.
C. Any person who knowingly reports, or causes another to report in reliance on intentionally false information provided by such person, a false emergency communication to any emergency personnel that results in an emergency response and any person suffers serious bodily injury, as defined in §18.2-51.4, as a direct and proximate result of the false emergency communication to emergency personnel is guilty of a Class 6 felony.
D. Any person who reports, or causes another to report in reliance on intentionally false information provided by such person, a false emergency communication to any emergency personnel that results in an emergency response and any person is killed as a direct and proximate result of the false emergency communication to personnel is guilty of a Class 5 felony.
E. Any person violating this section may be prosecuted in the county or city where the emergency communication was made, in the county or city where the emergency communication was received, or in the county or city where the emergency response occurred.
F. A violation of this section shall constitute a separate and distinct offense. The provisions of this section shall not preclude prosecution under any other statute.
2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to §30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 2 of the Acts of Assembly of 2022, Special Session I, requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to §30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.
