as introduced - 93rd Legislature (2023 - 2024) Posted on 03/21/2023 03:00pm
A bill for an act
relating to public safety; providing criminal penalty for substantial bodily harm
caused by response for fictitious emergency; providing restitution for public
agencies and victims affected by the reporting of a fictitious emergency; amending
Minnesota Statutes 2022, section 609.78, subdivision 2a, by adding a subdivision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2022, section 609.78, subdivision 2a, is amended to read:
Whoever violates subdivision 2, clause (2), is guilty of a felony and may be sentencednew text begin
as follows:
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new text begin (1)new text end 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 deathdeleted text begin .deleted text end new text begin ; or
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(2) to imprisonment of not more than three years or to payment of a fine of not more
than $10,000, or both, if the call triggers an emergency response and as a result of the
response, someone suffers substantial bodily harm.
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This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
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Minnesota Statutes 2022, section 609.78, is amended by adding a subdivision to
read:
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(a) The court, while imposing a sentence on a person convicted
under subdivision 2, clause (2), shall order the person to make full and complete restitution
to:
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(1) the public agency for the reasonable costs of the emergency response by that public
agency; and
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(2) a direct victim of the fictitious emergency.
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(b) A restitution payment under paragraph (a) does not limit the liability for damages
in a civil action or proceeding for an amount greater than the restitution payment.
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