House Bill No. 7602

November 15 Special Session, Public Act No. 01-2

AN ACT CONCERNING FALSELY REPORTING AN INCIDENT, BREACH OF THE PEACE AND THREATENING.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 53a-180 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) A person is guilty of falsely reporting an incident in the first degree when, knowing the information reported, conveyed or circulated to be false or baseless, [he] such person: (1) Initiates or circulates a false report or warning of an alleged occurrence or impending occurrence of a fire, explosion, [crime,] catastrophe or emergency under circumstances in which it is likely that public alarm or inconvenience will result; or (2) reports, by word or action, to any official or quasi-official agency or organization having the function of dealing with emergencies involving danger to life or property, an alleged occurrence or impending occurrence of a fire, explosion or other catastrophe or emergency which did not in fact occur or does not in fact exist. [; or (3) gratuitously reports to a law enforcement officer or agency (A) the alleged occurrence of an offense or incident which did not in fact occur, (B) an allegedly impending occurrence of an offense or incident which in fact is not about to occur, or (C) false information relating to an actual offense or incident or to the alleged implication of some person therein.]

(b) Falsely reporting an incident in the first degree is a class [A misdemeanor] D felony.

Sec. 2. (NEW) (a) A person is guilty of falsely reporting an incident in the second degree when, knowing the information reported, conveyed or circulated to be false or baseless, such person gratuitously reports to a law enforcement officer or agency (1) the alleged occurrence of an offense or incident which did not in fact occur, (2) an allegedly impending occurrence of an offense or incident which in fact is not about to occur, or (3) false information relating to an actual offense or incident or to the alleged implication of some person therein.

(b) Falsely reporting an incident in the second degree is a class A misdemeanor.

Sec. 3. Section 53a-180a of the general statutes is repealed and the following is substituted in lieu thereof:

(a) A person is guilty of falsely reporting an incident resulting in serious physical injury or death when [he] such person commits the crime of falsely reporting an incident in the first degree as provided in section 53a-180, as amended by this act, or falsely reporting an incident in the second degree as provided in section 2 of this act, and such false report results in the serious physical injury or death of another person.

(b) Falsely reporting an incident resulting in serious physical injury or death is a class [D] C felony.

Sec. 4. Section 53a-180b of the general statutes is repealed and the following is substituted in lieu thereof:

(a) A person is guilty of falsely reporting an incident concerning serious physical injury or death when [he] such person commits the crime of falsely reporting an incident in the second degree as provided in section [53a-180] 2 of this act and such false report is of the alleged occurrence or impending occurrence of the serious physical injury or death of another person.

(b) Falsely reporting an incident concerning serious physical injury or death is a class D felony.

Sec. 5. (NEW) (a) A person is guilty of breach of the peace in the first degree when, with intent to cause inconvenience, annoyance or alarm, or recklessly creating a risk thereof, such person places a nonfunctional imitation of an explosive or incendiary device or an imitation of a hazardous substance in a public place or in a place or manner likely to be discovered by another person.

(b) For the purposes of this section: (1) "Hazardous substance" means any physical, chemical, biological or radiological substance or matter which, because of its quantity, concentration or physical, chemical or infectious characteristics, may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness, or pose a substantial present or potential hazard to human health, and (2) "public place" means any area that is used or held out for use by the public whether owned or operated by public or private interests.

(c) Breach of the peace in the first degree is a class D felony.

Sec. 6. Section 53a-181 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) A person is guilty of breach of the peace in the second degree when, with intent to cause inconvenience, annoyance or alarm, or recklessly creating a risk thereof, [he] such person: (1) Engages in fighting or in violent, tumultuous or threatening behavior in a public place; or (2) assaults or strikes another; or (3) threatens to commit any crime against another person or [his] such other person's property; or (4) publicly exhibits, distributes, posts up or advertises any offensive, indecent or abusive matter concerning any person; or (5) in a public place, uses abusive or obscene language or makes an obscene gesture; or (6) creates a public and hazardous or physically offensive condition by any act which [he] such person is not licensed or privileged to do. [; or (7) places a nonfunctional imitation of an explosive or incendiary device in a public place.] For purposes of this section, "public place" means any area that is used or held out for use by the public whether owned or operated by public or private interests.

(b) Breach of the peace in the second degree is a class B misdemeanor. [, except that violation of subdivision (7) of subsection (a) of this section is a class A misdemeanor.]

Sec. 7. (NEW) (a) A person is guilty of threatening in the first degree when such person (1) threatens to commit any crime of violence or any crime involving the use of a hazardous substance with the intent to terrorize another person, to cause evacuation of a building, place of assembly or facility of public transportation or otherwise to cause serious public inconvenience, or (2) threatens to commit such crime of violence or crime involving the use of a hazardous substance in reckless disregard of the risk of causing such terror, evacuation or inconvenience.

(b) For the purposes of this section, "hazardous substance" means any physical, chemical, biological or radiological substance or matter which, because of its quantity, concentration or physical, chemical or infectious characteristics, may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness, or pose a substantial present or potential hazard to human health.

(c) Threatening in the first degree is a class D felony.

Sec. 8. Section 53a-62 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) A person is guilty of threatening in the second degree when, [: (1) By] by physical threat, [he] such person intentionally places or attempts to place another person in fear of imminent serious physical injury. [, or (2) he threatens to commit any crime of violence with the intent to terrorize another, to cause evacuation of a building, place of assembly , or facility of public transportation, or otherwise to cause serious public inconvenience, or (3) he threatens to commit such crime in reckless disregard of the risk of causing such terror or inconvenience.]

(b) Threatening in the second degree is a class A misdemeanor.

Sec. 9. This act shall take effect January 1, 2002.

Approved November 20, 2001