2003 -- H 5521

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LC01595

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2003

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A N A C T

RELATING TO 911 - EMERGENCY TELEPHONE NUMBER ACT

     Introduced By: Representatives Shanley, Carter, McHugh, Rose, and D Caprio

     Date Introduced: February 06, 2003

     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. -- (a) No person shall call or otherwise cause

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the number nine-one-one (911) to be called for the purpose of knowingly making a false alarm or

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complaint or reporting false information which could result in the dispatch of emergency services

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from any public safety agency as defined in section 39-21.1-3(6) of this chapter this section. Any

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person violating the provisions of this section, upon conviction, shall be guilty of a misdemeanor

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punishable by a fine of not more than one thousand dollars ($1,000) or imprisonment for a term

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not exceeding one year or both.

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

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for the purpose of disrupting the operations of the E 9-1-1 uniform emergency telephone system

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by making non-emergency calls for such purpose. Any person violating the provisions of this

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section, upon conviction, shall be guilty of a felony punishable by a fine of not more than five

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thousand dollars ($5,000) or imprisonment for a term not exceeding two (2) years or both for the

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first offense, by a fine of not more than ten thousand dollars ($10,000) or imprisonment for a term

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of up to three (3) years or both for the second offense, or by a fine of fifteen thousand dollars

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($15,000) or imprisonment for a term of four (4) years or both for a third and any subsequent

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violation of this section.

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     (c) No person shall call or otherwise cause the number of a public safety agency to be

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called for the purpose of disrupting the operations of the public safety agency by making non-

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emergency calls for such purpose. Any person violating the provisions of this section, upon

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conviction, shall be guilty of a felony punishable by a fine of not more than five thousand dollars

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($5,000) or imprisonment for a term not exceeding two (2) years of both for the first offense, by a

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fine of not more than ten thousand dollars ($10,000) or imprisonment for a term of up to three (3)

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years or both for the second offense, or by a fine of fifteen thousand dollars ($15,000) or

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imprisonment for a term of four (4) years or both for a third and any subsequent violation of this

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section.

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     (d) For the purposes of this section, “non-emergency calls” are calls that do not request

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the emergency dispatch of police, fire, or emergency medical services or the report of

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circumstances, conditions, incidents, or occurrences that could reasonably be foreseen as

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requiring such services if not immediately alleviated or corrected. For purposes of this section a

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public safety agency is any federal, state, or local law enforcement or investigatory agency, any

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fire department, and any other public agency that dispatches emergency services, including

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emergency medical services.

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     (e) The crimes described in this section shall be prosecuted in the territorial jurisdiction in

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which the call was received.

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     (f) This section shall not be construed to impose any liability upon the telecommunication

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services provider which carried the call.

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     SECTION 2. This act shall take effect upon passage.

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LC01595

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO 911 - EMERGENCY TELEPHONE NUMBER ACT

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     This act would make the placing of disruptive non-emergency calls to 9-1-1 or any other

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public safety agencies a felony, with progressive penalties for subsequent offenses.

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     This act would take effect upon passage.

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LC01595

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