PRINTER'S NO. 114 THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL No.175 Session of 2025 INTRODUCED BY HUGHES, LANGERHOLC, TARTAGLIONE, FONTANA, BROOKS, ROTHMAN, PHILLIPS-HILL, SCHWANK, LAUGHLIN, COSTA AND KANE, JANUARY 23, 2025 REFERRED TO JUDICIARY, JANUARY 23, 2025 AN ACT Amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in falsification and intimidation, further providing for the offense of false alarms to agencies of public safety. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: Section 1. Section 4905(a) of Title 18 of the Pennsylvania Consolidated Statutes is amended and the section is amended by adding subsections to read: § 4905. False alarms to agencies of public safety. (a) Offense defined.--A person commits an offense if [ he knowingly causes a false alarm of fire or other emergency to be transmitted to or within any organization, official or volunteer, for dealing with emergencies involving danger to life or property.] the person knowingly and intentionally makes or causes to be made a false report of a crime or medical or other emergency to a law enforcement agency, firefighter, fire company, emergency medical services agency, emergency medical 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 services provider, 911 system operator or a government employee or contractor or an employee of a contractor who is authorized to receive a report of a crime or medical or other emergency. * * * (c) Costs.-- (1) In addition to a penalty imposed under subsection (b), the court may order a person convicted or adjudicated under this section to pay to the State or local unit of government the costs of responding to the false report, including the use of law enforcement officers or fire, medical or other emergency response personnel, vehicles and teams. (2) The following apply to a juvenile ordered to pay costs under this subsection: (i) If the court determines that the juvenile is or will be unable to pay the costs ordered, after notice to the juvenile's parent or legal guardian and an opportunity for the persons to be heard, the court may order the parent or legal guardian having supervisory responsibility of the juvenile at the time of the act upon which the order is based to pay a portion of the costs ordered that is outstanding. An order under this subparagraph does not relieve the juvenile of the juvenile's obligation to pay the costs as ordered, but the amount owed is offset by an amount paid by the juvenile's parent or legal guardian. (ii) If the court orders a parent or legal guardian to pay costs under subparagraph (i), the court shall take into account the financial resources of the parent or legal guardians and the burden that the payment of the 20250SB0175PN0114 - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 cost will impose. If the court requires a parent or legal guardian to pay costs under subparagraph (i), the court shall provide for payment to be made in specified installments over a specific period of time. (iii) A parent or legal guardian who has been ordered to pay costs under subparagraph (i) may petition the court for a modification of the amount of the costs owed or for a cancellation of an unpaid portion of the obligation. The court shall cancel all or part of the obligation due if the court determines that the payment of the amount due will impose a manifest hardship on the parent or legal guardian. (3) If more than one unit of government incurs a cost in responding to a false report, the court may order the person convicted to reimburse each unit of government for the expense incurred. (4) The amount ordered to be paid under this subsection must be paid to the court, at a time and in a manner prescribed by the court. The clerk of the court shall transmit the appropriate amount to the unit or units of government named in the order to receive reimbursement. Unless otherwise ordered by the court, reimbursement must be made immediately. This section does not prohibit a court from authorizing payments to be made according to a payment schedule to be completed during a specified time. (5) An order for reimbursement issued under this section may be enforced in the same manner as a judgment in a civil action by the district attorney of a county in which a government unit entitled to reimbursement under the order is located. 20250SB0175PN0114 - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 (6) For purposes of this subsection, the phrase "costs of responding" includes: (i) The salary or wages, including overtime pay, of a law enforcement officer or law enforcement agency for time spent responding to the false report from which the following occurred: (A) the conviction or adjudication of delinquency; (B) the arrest of the person convicted or adjudicated delinquent; (C) processing the person after arrest; (D) preparing reports on the incident; (E) investigating the incident; (F) collecting and analyzing evidence; and (G) preparing for and appearing at a pretrial proceeding or trial. (ii) The salary, wages or other compensation, including overtime pay, of a firefighter or emergency medical services provider for time spent in responding to the false report. (iii) The salary, wages or other compensation, including overtime pay, of a prosecutor for time spent investigating and prosecuting the crime charged under this section. (iv) The costs of supplies expended or equipment used by the law enforcement agency, fire company or emergency medical services agency in responding to the false report. (d) Construction.--A violation of this section occurs if the communication of the false report originates in this 20250SB0175PN0114 - 4 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Commonwealth, is intended to terminate in this Commonwealth or is intended to terminate with a person located in this Commonwealth. (e) Jurisdiction.--In addition to the jurisdiction granted to a district attorney under 16 Pa.C.S. § 14302 (relating to duties of district attorney and entry of nolle prosequi), the Attorney General shall have the authority to investigate and to institute criminal proceedings for any violation or series of violations of this section when the violation or series of violations involves more than one county of this Commonwealth or another state. The authority granted to the Attorney General under this subsection shall be in addition to the authority conferred upon the Attorney General by the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act. A person charged with any violation or series of violations of this section by the Attorney General shall not have standing to challenge the authority of the Attorney General to investigate or prosecute the case, and, if a challenge is made, the challenge shall be dismissed and no relief shall be made available in the courts of this Commonwealth to the person making the challenge. (f) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise: "911 system." As defined in 35 Pa.C.S. § 5302 (relating to definitions). "Emergency medical services agency." As defined in 35 Pa.C.S. § 8103 (relating to definitions). "Emergency medical services provider." As defined in 35 Pa.C.S. § 8103. 20250SB0175PN0114 - 5 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 "Fire company." As defined in 35 Pa.C.S. § 7802 (relating to definitions). "Law enforcement agency." A law enforcement agency in this Commonwealth that is the employer of a law enforcement officer. "Law enforcement officer." The term shall have the same meaning as "peace officer" under section 501 (relating to definitions). Section 2. This act shall take effect in 60 days. 20250SB0175PN0114 - 6 - 1 2 3 4 5 6 7 8