RDCSB42 2697 3604
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
SB 42 Reengrossed 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, for not less than eight years, a fine between $500 and
$2,500, or both.
(4)If an emergency response results and death occurs, imprisonment at hard labor for
not less than ten years nor more than 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 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
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1. Change penalty when a death occurs from 2 - 5 years imprisonment to
imprisonment for up to 40 years.
Senate Floor Amendments to engrossed bill
1. Changes penalty if serious bodily injury occurs from six months to 5 years,
to not less than 8 years.
2. Changes penalty if death occurs to not less than 10 years nor more than 40
years.
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the reengrossed bill:
1. Make technical changes.
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