2019 -- H 5085

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LC000194

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS - 911 EMERGENCY TELEPHONE

NUMBER ACT

     

     Introduced By: Representatives Lombardi, Cassar, Hull, and Walsh

     Date Introduced: January 10, 2019

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 39-21.1-16 of the General Laws in Chapter 39-21.1 entitled "911

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Emergency Telephone Number Act" is hereby amended to read as follows:

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     39-21.1-16. Providing false information.

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     (a) No person shall call or otherwise cause the number nine-one-one (911) to be called

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for the purpose of knowingly making a false alarm or complaint or reporting false information

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which could result in the dispatch of emergency services from any public agency as defined in §

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39-21.1-3(6) of this chapter. Any person violating the provisions of this section, upon conviction,

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shall be guilty of a misdemeanor punishable by a fine of not more than one thousand dollars

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($1,000) or imprisonment for a term not exceeding one year or both.

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     (b) Any person who reports, or causes any report to be made, to any city, town, state

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department, district, agency, division, commission, or board, that an "emergency" exists, who

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knows that the report is false, and who knows or should know that the response to the report is

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likely to cause death or serious bodily injury, and serious bodily injury or death is sustained by

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any person as a result of the false report, is guilty of a felony, and upon conviction shall be

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punished by imprisonment for not less than sixteen (16) months, nor more than three (3) years, or

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by a fine of not more than ten thousand dollars ($10,000), or both.

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     (c) "Emergency" as used in this section means any condition that results in, or could

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result in, the response of a public official in an authorized emergency vehicle, aircraft, or vessel,

 

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any condition that jeopardizes or could jeopardize public safety and results in, or could result in,

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the evacuation of any area, building, structure, vehicle, or of any other place that any individual

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may enter, or any situation that results in or could result in activation of the Rhode Island

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America's Missing: Broadcast Emergency Response Plan (Amber Alert/Senior Citizen Alert)

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pursuant to §§ 42-28-3.1 and 42-28-3.3. An activation or possible activation of the Rhode Island

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America's Missing: Broadcast Emergency Response Plan (Amber Alert/Senior Citizen Alert)

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pursuant to §§ 42-28-3.1 and 42-28-3.3 shall not constitute an "emergency" for purposes of this

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section if it occurs as the result of a report made or caused to be made by a parent, guardian, or

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lawful custodian of a child or senior citizen that is based on a good faith belief that the child or

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the senior citizen are missing.

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     (d) Nothing in this section precludes punishment for the conduct described in subsection

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(a) or (b) of this section under any other provision of the general law providing for greater

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punishment for that conduct.

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     (e) Any individual convicted of violating this section, based upon a report that resulted in

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an emergency response, is liable to the city, town, state department, district, agency, division,

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commission, board or public agency for the reasonable costs of the emergency response by that

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public agency.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS - 911 EMERGENCY TELEPHONE

NUMBER ACT

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     This act would make knowingly filing a false alarm or reporting false information using

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the 911 emergency telephone number a felony when the individual knows the report is false and

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knows or should know that the emergency response is likely to and does cause death or serious

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bodily injury as a result of the report punishable by imprisonment of not less than sixteen (16)

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months nor more than three (3) years, or by a fine of not more than ten thousand dollars

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($10,000).

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     The act would make any individual convicted of violating this section resulting in an

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emergency response liable to a public agency for the reasonable costs of the emergency response.

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     This act would take effect upon passage.

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