HOUSE OF REPRESENTATIVES

151st GENERAL ASSEMBLY

HOUSE BILL NO. 151

AN ACT TO AMEND TITLE 11 AND TITLE 16 OF THE DELAWARE CODE RELATING TO FALSELY REPORTING AN INCIDENT.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 1245, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 1245. Falsely reporting an incident; class A misdemeanor.

(a) A person is guilty of falsely reporting an incident when, knowing the information reported, conveyed conveyed, or circulated is false or baseless, the person does 1 or more of the following :

(1) Initiates or circulates a false report or warning of or impending occurrence of a fire, explosion, crime, catastrophe catastrophe, or emergency under circumstances in which it is likely that public alarm or inconvenience will result or that fire-fighting apparatus, ambulance ambulance, or a rescue vehicle might be summoned; or summoned.

(2) Reports, by word or action, to any official or quasi-official agency or organization having the function of dealing with emergencies involving danger to life or property, an alleged occurrence or impending occurrence of a fire, explosion explosion, or other catastrophe or emergency which did not in fact occur or does not in fact exist; or exist.

(3) Reports to a law-enforcement officer or agency 1 or more of the following :

a. The alleged occurrence of an offense or incident which did not in fact occur; or occur.

b. An allegedly impending occurrence of an offense or incident which is not in fact about to occur; or occur.

c. False information relating to an actual offense or incident or to the alleged implication of some person therein; or in the offense or incident.

d. The alleged abduction of a child which would generate the activation of a state-wide and interstate alert response and law-enforcement broadcast when such abduction has not, in fact, occurred.

(4) Without just cause, calls or summons by telephone, fire alarm system system, or otherwise, any fire-fighting apparatus, ambulance ambulance, or rescue truck.

(b) Falsely reporting an incident is a class A misdemeanor, unless the defendant has violated this section previously, in which case it shall be is a class G felony. In addition to the penalties otherwise authorized by law, any person convicted of an offense in violation of this section shall must be sentenced as follows:

(1) pay To pay a fine of not less than $500, or less than $1,000 $ 500 or, for a violation of paragraph (3)d. of this section, which fine cannot be suspended and a fine of not less than $1,000. A fine imposed under this paragraph (b)(1) of this section cannot be suspended.

(2) be sentenced to perform To perform a minimum of 100 hours of community service, and service.

(3) shall be required to reimburse To reimburse the State, or other responding or other investigating governmental agency, for any expenses expended in the investigation and/or of or response to the incident falsely reported.

(4) On conviction for a violation of paragraphs (a)(3)a. through (a)(3)c. of this section, to pay restitution to an individual who is the subject of the false report.

Section 2. Amend § 9401, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 9401. Definitions.

As used in this chapter, unless the context otherwise requires:

(1) “Court” means the Superior Court, Family Court, Court of Common Pleas and the Justice of the Peace Court.

(2) “Crime” means an act or omission committed by a person, whether or not competent or an adult, which, if committed by a competent adult, is punishable by incarceration and which violates 1 or more of the following sections of this title:

OFFENSES RELATING TO CHILDREN AND INCOMPETENTS

1101. Abandonment of child; class A misdemeanor.

1102. Endangering the welfare of a child; class A misdemeanor.

1103. Child abuse in the third degree; class A misdemeanor.

1103A. Child abuse in the second degree; class G felony.

1103B. Child abuse in the first degree; class B felony.

1105. Crime against a vulnerable adult; class A misdemeanor or higher.

1108. Sexual exploitation of a child; class B felony.

1112A. Sexual solicitation of a child; class C felony; class B felony.

1112B. Promoting sexual solicitation of a child; class C felony; class B felony.

OFFENSES INVOLVING OBSTRUCTION OF GOVERNMENTAL OPERATIONS

1245(A)(3). Falsely reporting an incident, if an individual is the subject of the false report.

Section 3. Amend § 6638, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 6638. Definitions.

As used in this subchapter:

(e) “False alarm” means the activation of a fire alarm signaling system or any audible alarm which results in a response by the fire department and which is not the result of a fire or other emergency.

(1) “False alarm” includes:

a. Negligently or accidentally activated alarm signals; and

b. Alarm signals that are the result of faulty, malfunctioning, or improperly installed or maintained equipment.

(2) “False alarm” does not include:

a. Alarm signals activated by severe weather conditions;

b. Alarm signals activated during the initial 30-day period following new installation; or

c. Alarm signals knowingly activated pursuant to under § 1245 (a) (1) of Title 11, falsely reporting an incident.

SYNOPSIS

Sections 1 and 2 of this Act make clear that an individual who is the subject of a false report is a victim and is entitled to restitution and the benefits of the Victims’ Bill of Rights.

Section 3 of this Act corrects an internal reference to § 1245 of Title 11 based on changes made in Section 1 of this Act.

Finally, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.