Substitute Senate Bill No. 26
Public Act No. 17-72
AN ACT CONCERNING SWATTING.
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 Section 53a-180 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(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, such person: (1) Initiates or circulates a false report or warning of an alleged occurrence or impending occurrence of a fire, explosion, 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) violates subdivision (1) or (2) of this subsection with intent to cause a large scale emergency response. For purposes of this section, "large scale emergency response" means an on-site response to any such reported incident by five or more first responders, and "first responder" means any peace officer or firefighter or any ambulance driver, emergency medical responder, emergency medical technician or paramedic, as those terms are defined in section 19a-175.
(b) Falsely reporting an incident in the first degree is a class D felony.
(c) In addition to any sentence imposed pursuant to subsection (b) of this section, if (1) a person is convicted of an offense in violation of subdivision (3) of subsection (a) of this section that resulted in a large scale emergency response, (2) any agency or department of the state or political subdivision of the state requests financial restitution for costs associated with such emergency response, and (3) the court finds that the agency or department of the state or political subdivision of the state incurred costs associated with such emergency response as a result of such offense, the court shall order the offender to make financial restitution under terms that the court determines are appropriate. In determining the appropriate terms of financial restitution, the court shall consider: (A) The financial resources of the offender and the burden restitution will place on other obligations of the offender; (B) the offender's ability to pay based on installments or other conditions; (C) the rehabilitative effect on the offender of the payment of restitution and the method of payment; and (D) other circumstances, including the financial burden and impact on the agency or department of the state or political subdivision of the state, that the court determines make the terms of restitution appropriate. If the court determines that the current financial resources of the offender or the offender's current ability to pay based on installments or other conditions are such that no appropriate terms of restitution can be determined, the court may forego setting such terms. The court shall articulate its findings on the record with respect to each of the factors set forth in subparagraphs (A) to (D), inclusive, of this subsection. Restitution ordered by the court pursuant to this subsection shall be based on easily ascertainable damages for actual expenses associated with such emergency response. Restitution ordered by the court pursuant to this subsection shall be imposed or directed by a written order of the court containing the amount of actual expenses associated with such emergency response, as ascertained by the court. The order of the court shall direct that a certified copy of the order be delivered by certified mail to the agency or department of the state or political subdivision of the state. Such order is enforceable in the same manner as an order pursuant to subsection (c) of section 53a-28.
Approved June 27, 2017