SB 113-11: SWATing Prevention Act (Passed)

[Mr. Reactionary]

SWATING PREVENTION ACT

1. Whoever, while using an interstate communication system or while in a different Region, with the intent to cause an emergency response by any law enforcement agency, in the absence of circumstances requiring such a response, whether by telecommunications system or otherwise knowingly communicates or transmits false or misleading information indicating that conduct has taken, is taking, or will take place that may reasonably be believed to constitute a violation of any criminal law, or endanger public health or safety, shall:

A. if an emergency response results, be fined no more than $10,000 or imprisoned not more than 5 years, or both;

B. if serious bodily injury results, be fined no more than $25,000 or imprisoned not more than 12 years, or both;

C. if death results, be fined no more than $100,000 or imprisoned for any number of years or for life, or both; and

D. in any other case, be fined under this title no more than $5,000 or imprisoned not more than 1 year, or both.

2. Whoever, while using an interstate communication system or while in a different Region, with the intent to cause an emergency response by any law enforcement agency, in the absence of circumstances requiring such a response, whether by telecommunications system or otherwise knowingly communicates or transmits false or misleading information indicating that conduct has taken, is taking, or will take place that may reasonably be believed to constitute a violation of any criminal law, or endanger public health or safety, shall be liable in a civil action to any party incurring expenses incident to any emergency response to that conduct, for those expenses and for restitution to the victim.

3. A court, in imposing a sentence on a defendant convicted of an offense under this act, shall order the defendant to reimburse any party for expenses for an emergency response necessitated by such offense. A person ordered to make
reimbursement under this subsection shall be jointly and severally liable for such expenses with each other person, if any, who is ordered to make reimbursement under this subsection for the same expenses.

4. An order of reimbursement under this subsection shall, for the purposes of enforcement, be treated as a civil judgment.

5. The term "emergency response" means any action taken by law enforcement personnel to immediately respond to an event that threatens or may reasonably be believed to threaten public health or safety.

6. This act shall take effect July 1, 2023.

Sponsor: OSR
Debate on this bill is now open.

[Mr. Reactionary]

This criminalizes interstate SWATing which is dangerous and a serious matter.

[Southern Senator North Carolina Yankee]

I support this. Every interaction with law enforcement is a perilous and dangerous situation for all involved, and not just for the humans but also dogs and other pets as well. Falsely triggering such should be severely penalized.

[At-Large Senator LouisvilleThunder]

This is important for stopping abuse of the SWAT team system.

[Mr. Reactionary]

So this bill has been on the floor the required 96 hours, has been debated, and appears to be uncontroversial to a broad consensus, so to help us get to the dozens of bills in the backlog, I hereby move that we proceed to a final vote on this bill. 24 hours to object.

[Mr. Reactionary]

A final vote is now open on this bill lasting until noon eastern on Friday (99 hours) or until everyone votes, whichever occurs soonest. Please vote Aye, Nay, or Abstain.

SWATING PREVENTION ACT

1. Whoever, while using an interstate communication system or while in a different Region, with the intent to cause an emergency response by any law enforcement agency, in the absence of circumstances requiring such a response, whether by telecommunications system or otherwise knowingly communicates or transmits false or misleading information indicating that conduct has taken, is taking, or will take place that may reasonably be believed to constitute a violation of any criminal law, or endanger public health or safety, shall:

A. if an emergency response results, be fined no more than $10,000 or imprisoned not more than 5 years, or both;

B. if serious bodily injury results, be fined no more than $25,000 or imprisoned not more than 12 years, or both;

C. if death results, be fined no more than $100,000 or imprisoned for any number of years or for life, or both; and

D. in any other case, be fined under this title no more than $5,000 or imprisoned not more than 1 year, or both.

2. Whoever, while using an interstate communication system or while in a different Region, with the intent to cause an emergency response by any law enforcement agency, in the absence of circumstances requiring such a response, whether by telecommunications system or otherwise knowingly communicates or transmits false or misleading information indicating that conduct has taken, is taking, or will take place that may reasonably be believed to constitute a violation of any criminal law, or endanger public health or safety, shall be liable in a civil action to any party incurring expenses incident to any emergency response to that conduct, for those expenses and for restitution to the victim.

3. A court, in imposing a sentence on a defendant convicted of an offense under this act, shall order the defendant to reimburse any party for expenses for an emergency response necessitated by such offense. A person ordered to make
reimbursement under this subsection shall be jointly and severally liable for such expenses with each other person, if any, who is ordered to make reimbursement under this subsection for the same expenses.

4. An order of reimbursement under this subsection shall, for the purposes of enforcement, be treated as a civil judgment.

5. The term "emergency response" means any action taken by law enforcement personnel to immediately respond to an event that threatens or may reasonably be believed to threaten public health or safety.

6. This act shall take effect July 1, 2023.

[Mr. Reactionary]

Aye

[West_Midlander]

Aye

[At-Large Senator LouisvilleThunder]

Aye

[Liminal Trans Girl]

Aye

[OSR stands with Israel]

Aye

[Saint Milei]

aye

[Utah Neolib]

Aye

[GM Team Member and Senator WB]

Aye

[Deep Dixieland Senator, Muad'dib (OSR MSR)]

Aye

[LAKISYLVANIA]

Aye

[PPT Spiral]

Aye

[PragmaticPopulist]

Aye

[Southern Senator North Carolina Yankee]

Aye

[Enduro]

Aye

[Mr. Reactionary]

Bill passes 15-0-0-3.

[Mr. Reactionary]

SWATING PREVENTION ACT

1. Whoever, while using an interstate communication system or while in a different Region, with the intent to cause an emergency response by any law enforcement agency, in the absence of circumstances requiring such a response, whether by telecommunications system or otherwise knowingly communicates or transmits false or misleading information indicating that conduct has taken, is taking, or will take place that may reasonably be believed to constitute a violation of any criminal law, or endanger public health or safety, shall:

A. if an emergency response results, be fined no more than $10,000 or imprisoned not more than 5 years, or both;

B. if serious bodily injury results, be fined no more than $25,000 or imprisoned not more than 12 years, or both;

C. if death results, be fined no more than $100,000 or imprisoned for any number of years or for life, or both; and

D. in any other case, be fined under this title no more than $5,000 or imprisoned not more than 1 year, or both.

2. Whoever, while using an interstate communication system or while in a different Region, with the intent to cause an emergency response by any law enforcement agency, in the absence of circumstances requiring such a response, whether by telecommunications system or otherwise knowingly communicates or transmits false or misleading information indicating that conduct has taken, is taking, or will take place that may reasonably be believed to constitute a violation of any criminal law, or endanger public health or safety, shall be liable in a civil action to any party incurring expenses incident to any emergency response to that conduct, for those expenses and for restitution to the victim.

3. A court, in imposing a sentence on a defendant convicted of an offense under this act, shall order the defendant to reimburse any party for expenses for an emergency response necessitated by such offense. A person ordered to make
reimbursement under this subsection shall be jointly and severally liable for such expenses with each other person, if any, who is ordered to make reimbursement under this subsection for the same expenses.

4. An order of reimbursement under this subsection shall, for the purposes of enforcement, be treated as a civil judgment.

5. The term "emergency response" means any action taken by law enforcement personnel to immediately respond to an event that threatens or may reasonably be believed to threaten public health or safety.

6. This act shall take effect July 1, 2023.

Passed 15-0-0-3 in the Atlasian Senate Assembled.

- R, PPT