(REPRINTED WITH ADOPTED AMENDMENTS)

 

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 public agency that a felony or

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

1-8    (b) Creates the false appearance that a felony or misdemeanor has

1-9  been committed or that an emergency exists, and that false appearance

1-10  causes a false report to be made to a public agency that a felony or

1-11  misdemeanor has been committed or that an emergency exists.

1-12    2.  A civil action may be brought pursuant to this section even if there

1-13  has been no criminal conviction for the false report.

1-14    3.  If a public agency prevails in an action brought pursuant to this

1-15  section, the court may award the public agency the costs of the action

1-16  and reasonable attorney’s fees.

1-17    4.  As used in this section:

1-18    (a) “Expense of an emergency response” includes, without limitation,

1-19  the reasonable costs incurred by a public agency in making an

1-20  appropriate response to or investigation of a false report, including,

1-21  without limitation, the salary or wages of any person responding to or

2-1  investigating a false report, the deemed wages of any volunteer of a

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

2-3  use or operation of any equipment and the costs for the use or

2-4  expenditure of any resources, fuel or other materials.

2-5    (b) “Public agency” means an agency, bureau, board, commission,

2-6  department or division of the State of Nevada or a political subdivision of

2-7  the State of Nevada that provides police, fire-fighting, rescue or

2-8  emergency medical services.

2-9    Sec. 2.  The amendatory provisions of this act apply to a false report

2-10  that is made on or after the effective date of this act.

2-11    Sec. 3.  This act becomes effective upon passage and approval.

 

2-12  H