SF 3815

as introduced - 93rd Legislature (2023 - 2024) Posted on 06/17/2024 04:00pm

A bill for an act
relating to public safety; establishing a felony offense for reporting a fictitious
emergency and directing the emergency response to the home of certain individuals;
making a conforming change; amending Minnesota Statutes 2022, section 609.78,
subdivision 3, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2022, section 609.78, is amended by adding a subdivision
to read:

new text begin Subd. 2c. new text end

new text begin Felony offense; reporting fictitious emergency resulting in response to
the home of certain officials. 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 one year or to payment of
a fine of not more than $5,000, or both, if the person places the call with the intent of
prompting an emergency response to the home of:
new text end

new text begin (1) an elected official;
new text end

new text begin (2) a judge as defined in section 609.221, subdivision 6, clause (5);
new text end

new text begin (3) a prosecuting attorney as defined in section 609.221, subdivision 6, clause (4);
new text end

new text begin (4) an employee of a correctional facility as defined in section 241.021, subdivision 1i;
or
new text end

new text begin (5) a peace officer as defined in section 626.84, subdivision 1, paragraph (c).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2022, section 609.78, subdivision 3, is amended to read:

Subd. 3.

Definition.

(a) Except as provided in paragraph (b), 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.

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

(1) "call" includes the use of any method of communication including, but not limited
to: telephones, facsimiles, Voice over Internet Protocols, email messages, text messages,
and electronic transmissions of an image or video; and

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024.
new text end