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HF 3520

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/28/2008

Current Version - as introduced

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A bill for an act
relating to public safety; creating new crimes relating to 911 emergency calls;
providing criminal penalties; amending Minnesota Statutes 2006, section 609.78.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 609.78, is amended to read:


609.78 EMERGENCY TELEPHONE CALLS AND COMMUNICATIONS.

Subdivision 1.

Misdemeanor offenses.

Whoever does the following is guilty of a
misdemeanor:

(1) refuses to relinquish immediately a coin-operated telephone or a telephone
line consisting of two or more stations when informed that the line is needed to make
an emergency call;

(2) secures a relinquishment of a coin-operated telephone or a telephone line
consisting of two or more stations by falsely stating that the line is needed for an
emergency;

(3) publishes telephone directories to be used for telephones or telephone lines and
the directories do not contain a copy of this section;

(4) makes a call for emergency medical or ambulance service, knowing that no
medical emergency exists; deleted text begin or
deleted text end

(5) interrupts, disrupts, impedes, or otherwise interferes with the transmission of a
citizen's band radio channel communication the purpose of which is to inform or inquire
about a medical emergency or an emergency in which property is or is reasonably believed
to be in imminent danger of damage or destructionnew text begin ; or
new text end

new text begin (6) makes or initiates an emergency call, knowing that no emergency exists, and
with the intent to disrupt, interfere with, or reduce the provision of emergency services
or the emergency call center's resources, remains silent, or makes abusive or harassing
statements to the call recipient
new text end .

Subd. 2.

deleted text begin Interference with an emergency call;deleted text end Gross misdemeanor deleted text begin offensedeleted text end new text begin
offenses
new text end .

deleted text begin A person whodeleted text end new text begin Whoever does the following is guilty of a gross misdemeanor:
new text end

new text begin (1) new text end intentionally interrupts, disrupts, impedes, or interferes with an emergency call or
who intentionally prevents or hinders another from placing an emergency call, and whose
conduct does not result in a violation of section 609.498deleted text begin , is guilty of a gross misdemeanor
and may be sentenced to imprisonment for not more than one year or to payment of a fine
of not more than $3,000, or both
deleted text end new text begin ;
new text end

new text begin (2) places an emergency call and reports a fictitious emergency with the intent
of prompting an emergency response by law enforcement, fire, or emergency medical
services personnel; or
new text end

new text begin (3) violates subdivision 1, clause (6), after having been previously convicted or
adjudicated delinquent for violating that clause
new text end .

new text begin Subd. 2a. new text end

new text begin Felony offense; reporting fictitious emergency resulting in serious
injury.
new text end

new text begin Whoever violates subdivision 2, clause (2), is guilty of a felony and may be
sentenced to imprisonment for not more than ten years or to payment of a fine of not more
than $20,000, or both, if the call triggers an emergency response and, as a result of the
response, someone suffers great bodily harm or death.
new text end

new text begin Subd. 2b. new text end

new text begin Other felony offenses. new text end

new text begin Whoever does the following is guilty of a felony
and may be sentenced to imprisonment for not more than five years or to payment of
a fine of not more than $10,000, or both:
new text end

new text begin (1) violates subdivision 1, clause (6), after having been previously convicted or
adjudicated delinquent for violating that clause on more than one occasion; or
new text end

new text begin (2) intentionally uses multiple communications devices or electronic means to block,
interfere with, overload, or otherwise prevent the emergency call center's system from
functioning properly, and these actions make the system unavailable to someone needing
emergency assistance.
new text end

Subd. 3.

Definition.

new text begin (a) Except as provided in paragraph (b), new text end for purposes of this
section, "emergency call" means:

(1) a 911 call;

(2) any call for emergency medical or ambulance service; or

(3) any call for assistance from a police or fire department or for other assistance
needed in an emergency to avoid serious harm to person or property,

and an emergency exists.

new text begin (b) As used in subdivisions 1, clause (6); 2, clause (2); and 2a:
new text end

new text begin (1) "call" includes the use of any of the following methods of communication:
telephones, facsimiles, voice-over-Internet protocols, e-mail messages, text messages, and
electronic transmissions of an image or video; and
new text end

new text begin (2) "emergency call" has the meaning given in paragraph (a) but does not require
the existence of an emergency.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2008, and applies to crimes
committed on or after that date.
new text end