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SF 3938

as introduced - 91st Legislature (2019 - 2020) Posted on 03/05/2020 08:38am

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

Current Version - as introduced

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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 2018, section 609.78, subdivision 2a, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2018, section 609.78, subdivision 2a, is amended to read:


Subd. 2a.

Felony offense; reporting fictitious emergency resulting in serious
injury.

Whoever violates subdivision 2, clause (2), is guilty of a felony and may be sentencednew text begin
as follows:
new text end

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 endnew text begin; or
new text end

new text begin (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.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2018, section 609.78, is amended by adding a subdivision to
read:


new text begin Subd. 2c. new text end

new text begin Restitution. new text end

new text begin (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:
new text end

new text begin (1) the public agency for the reasonable costs of the emergency response by that public
agency; and
new text end

new text begin (2) a direct victim of the fictitious emergency.
new text end

new text begin (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.
new text end