Assembly Bill No. 399–Committee on Judiciary

 

(On Behalf of Nevada Sheriffs and Chiefs Association)

 

March 16, 2001

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Provides for civil liability for false reporting of crime or emergency. (BDR 3‑422)

 

FISCAL NOTE:            Effect on Local Government: Yes.

                                    Effect on the State: Yes.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to false reports; providing for civil liability for making a false report of a crime or an emergency; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1    Section 1. Chapter 41 of NRS is hereby amended by adding thereto a

1-2  new section to read as follows:

1-3    1.  A public agency may commence an action in the name of the

1-4  agency to recover the expense of an emergency response by the public

1-5  agency against any person who knowingly:

1-6    (a) Makes a false report to a peace officer that a felony or

1-7  misdemeanor has been committed or that an emergency exists;

1-8    (b) Causes a false report to be made to a peace officer that a felony or

1-9  misdemeanor has been committed or that an emergency exists;

1-10    (c) Disseminates, by any medium of public communication, a false

1-11  report that a felony or misdemeanor has been committed or that an

1-12  emergency exists; or

1-13    (d) Causes the dissemination, by any medium of public

1-14  communication, of a false report that a felony or misdemeanor has been

1-15  committed or that an emergency exists.

1-16    2.  A civil action may be brought pursuant to this section even if there

1-17  has been no criminal conviction for the false report.

1-18    3.  If a public agency prevails in an action brought pursuant to this

1-19  section, the court shall award the public agency the costs of the action

1-20  and reasonable attorney’s fees.

2-1    4.  For the purposes of this section, a person shall be deemed to have

2-2  caused a false report to be made or disseminated if:

2-3    (a) The person intentionally created the appearance that a felony or

2-4  misdemeanor was committed or that an emergency existed; and

2-5    (b) A public agency responded to a false report that a felony or

2-6  misdemeanor was committed or that an emergency existed as the result

2-7  of the appearance created by the person.

2-8    5.  As used in this section:

2-9    (a) “Expense of an emergency response” includes, without limitation,

2-10  the reasonable costs incurred by a public agency in making an

2-11  appropriate response to or investigation of a false report, including,

2-12  without limitation, the salary or wages of any person responding to or

2-13  investigating a false report, the deemed wages of any volunteer of a

2-14  public agency participating in the response or investigation, the costs for

2-15  use or operation of any equipment and the costs for the use or

2-16  expenditure of any resources, fuel or other materials.

2-17    (b) “Peace officer” means any person upon whom some or all of the

2-18  powers of a peace officer are conferred pursuant to NRS 289.150 to

2-19  289.360, inclusive.

2-20    (c) “Public agency” means an agency, bureau, board, commission,

2-21  department or division of the State of Nevada or a political subdivision of

2-22  the State of Nevada that provides police, fire-fighting, rescue or

2-23  emergency medical services.

2-24    Sec. 2.  The amendatory provisions of this act apply to a false report

2-25  that is made or disseminated on or after the effective date of this act.

2-26    Sec. 3.  This act becomes effective upon passage and approval.

 

2-27  H