SPONSOR:

Sen. Pettyjohn & Rep. Wilson

 

Sens. Cloutier, Hocker, Lavelle, Lawson, Lopez, Peterson, Simpson; Reps. Blakey, Briggs King, Dukes, Gray, Hudson, Kenton, Miro, Outten, Peterman, Ramone, D. Short, Smyk, Spiegelman

DELAWARE STATE SENATE

147th GENERAL ASSEMBLY

SENATE BILL NO. 18

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO FALSELY REPORTING THAT A FIREARM HAS BEEN LOST OR STOLEN AND PROVIDING A FALSE STATEMENT TO LAW ENFORCEMENT CONCERNING LOST OR STOLEN FIREARMS.


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:


Section 1.Amend §1245, Title 11 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strikethrough as follows:

§1245. Falsely reporting an incident; class A misdemeanor.

A person is guilty of falsely reporting an incident when, knowing the information reported, conveyed or circulated is false or baseless, the person:

(1) Initiates or circulates a false report or warning of 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 that fire-fighting apparatus, ambulance or a rescue vehicle might be summoned; 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) Reports to a law-enforcement officer or agency:

a. The alleged occurrence of an offense or incident which did not in fact occur; or

b. An allegedly impending occurrence of an offense or incident which is not in fact about to occur; or

c. False information relating to an actual offense or incident or to the alleged implication of some person therein; or

d. The alleged abduction of a child which would generate the activation of a state-wide and interstate alert response and law enforcement broadcast when such abduction has not, in fact, occurred. ; or

e.That a firearm has been lost or stolen.

(4) Without just cause, calls or summons by telephone, fire alarm system or otherwise, any fire-fighting apparatus, ambulance or rescue truck.

Falsely reporting an incident is a class A misdemeanor, unless the defendant has violated this section previously, in which case it shall be a class G felony. In addition to the penalties otherwise authorized by law, any person convicted of an offense in violation of this section shall pay a fine of not less than $500, or less than $1,000 for a violation of paragraph (3)d. of this section, which fine cannot be suspended and be sentenced to perform a minimum of 100 hours of community service, and shall be required to reimburse the State, or other responding or other investigating governmental agency, for any expenses expended in the investigation and/or response to the incident falsely reported.

Section 2.Amend §1245A, Title 11 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strikethrough as follows:

1245A. Providing a false statement to law enforcement; class G felony; class A misdemeanor; class F felony.

(a) A person is guilty of providing a false statement to law enforcement when, with intent to prevent, hinder or delay the investigation of any crime or offense by a law-enforcement officer or agency, the person knowingly provides any false written or oral statement to the law-enforcement officer or agency when such statement is material to the investigation.

(b) As used in this section:

(1) A "statement" is any oral or written assertion and includes, but is not limited to, any oral utterance, any written document or instrument, any computer-generated document or instrument, any police report, or any representation that a person makes under circumstances evidencing an intent that such be used or knowledge that a law-enforcement officer or agency may use such as an assertion of fact.

(2) A statement is "false" when such statement contains untrue, incomplete or misleading information concerning any fact or thing material to the investigation of a crime or offense by a law-enforcement officer or agency.

(3) A statement is "material" when, regardless of its eventual use or admissibility in an official proceeding, it could have affected the course or outcome of the investigation of a crime or offense by a law-enforcement officer or agency.

(4) An "official proceeding" includes any action or proceeding conducted by or before a legally constituted judicial, administrative or other governmental agency or official, in which evidence or testimony of witnesses may properly be received.

(c) Providing a false statement to law enforcement is a class G felony if the crime or offense being investigated is a felony.

(d) Providing a false statement to law enforcement is a class A misdemeanor if the crime or offense being investigated is other than a felony.

(e) Notwithstanding any provision of this section or Code to the contrary, providing a false statement to law enforcement is a class F felony if the false statement concerns the loss or theft of a firearm.



SYNOPSIS

This Act makes clear that it is a class A misdemeanor to falsely report to a law enforcement agency that a firearm has been lost or stolen.The Act also increases the penalty for providing a false statement to law enforcement that a firearm has been lost or stolen intending to prevent, hinder or delay the investigation of any crime or offense.

AUTHOR:Sen. Pettyjohn