HF 2165 (LSB 5339HV (1) 90)

HOUSE FILE 2165

BY  COMMITTEE ON PUBLIC SAFETY

(SUCCESSOR TO HSB 545)

A BILL FOR

An Act relating to false reports to or communications with public safety entities, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 718.6, Code 2024, is amended to read as follows:
   718.6  False reports to or communications with public safety entities.
   1.  A Except as provided in subsection 2, a person who reports or causes to be reported false information to a fire department, a law enforcement authority, or other public safety entity, knowing that the information is false, or who reports the alleged occurrence of a criminal act, knowing the act did not occur, commits a simple misdemeanor, unless the alleged criminal act reported is a serious or aggravated misdemeanor or felony, in which case the person commits a serious misdemeanor.
   2.  A person who reports or causes to be reported false information to a fire department, a law enforcement authority, or other public safety entity, knowing that the information is false, or who reports the alleged occurrence of a criminal act, knowing the act did not occur, commits a class “D” felony if the alleged criminal act reported is any of the following:
   a.  A forcible felony under section 702.11.
   b.  Intimidation with a dangerous weapon under section 708.6.
   c.  An act of terrorism under chapter 708A.
   d.  Unlawful possession of biological agents or diseases under chapter 708B.
   e.  Any offense under chapter 712.
   3.  If the reported false information involves a criminal act under subsection 2 and the reported false information results in serious bodily injury to or the death of another person, the person reporting the false information commits a class “C” felony. For purposes of this subsection, a person causes serious bodily injury or death when the report of false information contributes to the other person’s serious bodily injury or death.
   2.  4.  A Except as provided in subsection 2, a person who telephones an emergency 911 communications center, knowing that the person is not reporting an emergency or otherwise needing emergency information or assistance, commits a simple misdemeanor.
   3.  5.  A Except as provided in subsection 2, a person who knowingly provides false information to a law enforcement officer who enters the information on a citation commits a simple misdemeanor, unless the criminal act for which the citation is issued is a serious or aggravated misdemeanor or felony, in which case the person commits a serious misdemeanor.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to false reports to or communications with public safety entities.
   Under current law, a person who reports or causes to be reported false information to a fire department, a law enforcement authority, or other public safety entity, knowing that the information is false, commits either a simple misdemeanor or a serious misdemeanor depending upon the method of making the false report, or the seriousness of the falsely reported criminal act.
   The bill provides that a person who reports or causes to be reported false information to a fire department, a law enforcement authority, or other public safety entity, knowing that the information is false, or who reports the alleged occurrence of a criminal act, knowing the act did not occur, commits a class “D” felony if the falsely reported criminal act is any of the following: a forcible felony under Code section 702.11, intimidation with a dangerous weapon under Code section 708.6, an act of terrorism under Code chapter 708A, unlawful possession of biological agents or diseases under Code chapter 708B, and any offense under Code chapter 712 (concerning arson, explosive materials, and destructive devices). If the falsely reported information involves one of the listed criminal acts and the false report results in another person experiencing serious bodily injury or death, the person reporting the false information commits a class “C” felony. The bill provides that a person causes serious bodily injury or death when the report of false information contributes to the other person’s serious bodily injury or death.
   A class “D” felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245. A class “C” felony is punishable by confinement for no more than 10 years and a fine of at least $1,370 but not more than $13,660.