Assembly Bill No. 399–Committee on Judiciary

 

CHAPTER..........

 

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:

 

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

 new section to read as follows:

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

 agency to recover the expense of an emergency response by the public

 agency against any person who knowingly:

   (a) Makes a false report to a public agency that a felony or

 misdemeanor has been committed or that an emergency exists; or

   (b) Creates the false appearance that a felony or misdemeanor has

 been committed or that an emergency exists, and that false appearance

 causes a false report to be made to a public agency that a felony or

 misdemeanor has been committed or that an emergency exists.

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

 has been no criminal conviction for the false report.

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

 section, the court may award the public agency the costs of the action

 and reasonable attorney’s fees.

   4.  As used in this section:

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

 the reasonable costs incurred by a public agency in making an

 appropriate response to or investigation of a false report, including,

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

 investigating a false report, the deemed wages of any volunteer of a

 public agency participating in the response or investigation, the costs for

 use or operation of any equipment and the costs for the use or

 expenditure of any resources, fuel or other materials.

   (b) “Public agency” means an agency, bureau, board, commission,

 department or division of the State of Nevada or a political subdivision

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

 emergency medical services.

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

 that is made on or after the effective date of this act.

   Sec. 3.  This act becomes effective upon passage and approval.

 

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