The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Alden A. Clement Jr.
DIGEST
SB 42 Engrossed 2018 Regular Session Appel
Proposed law creates the crime of false communication with the intent to cause an emergency
response, i.e., "swatting". Proposed law provides that no person can, with the intent to cause an
emergency response by any law enforcement agency or other first responder in the absence of
circumstances requiring such response, knowingly communicate or transmit false or misleading
information indicating that conduct has taken place, is taking place, or will take place that may
reasonably be believed to constitute a violation of the criminal law of any state or the U.S. or that
may reasonably be believed to endanger public health or safety.
Proposed law provides the following penalties for a violation of proposed law:
(1) If no emergency response results, imprisonment up to six months, a fine up to $500, or both.
(2) If an emergency response results, imprisonment, with or without hard labor, up to five years,
a fine between $100 and $1000, or both.
(3) If an emergency response results and serious bodily injury occurs, imprisonment, with or
without hard labor, between six months and five years, a fine between $500 and $2,500, or
both.
(4)If an emergency response results and death occurs, imprisonment at hard labor for up to 40
years.
Proposed law provides that in addition to the penalties provided by proposed law, the court is to
order the defendant to reimburse the appropriate party or parties for any expenses incurred for an
emergency response resulting from the commission of the offense. Proposed law further provides
that a person ordered to make reimbursement is jointly and severally liable for such expenses with
any other person who is ordered to make reimbursement for the same expenses. Proposed law further
provides that an order of reimbursement pursuant to proposed law, for purposes of enforcement, is
to be treated as a civil judgment.
Proposed law provides the following definitions:
(1) "Emergency response" means any action taken by a law enforcement agency or other first
responder to immediately respond to any conduct or event that is reasonably believed to
violate the criminal law of any state or the U.S. or that threatens or may reasonably be
believed to threaten public health or safety.
(2) "Law enforcement agency" includes any federal, state, or local law enforcement agency. Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 14:126.1.1)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary C to the original bill
1. Change penalty when a death occurs from 2 - 5 years imprisonment to imprisonment
for up to 40 years.