H. B. 2099
(By Delegates Evans and Mezzatesta)
[Introduced February 10, 1993; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section twenty, article six, chapter
sixty-one of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to increasing the
penalty for falsely reporting, by telephone, an emergency
incident.
Be it enacted by the Legislature of West Virginia:
That section twenty, article six, chapter sixty-one of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 6. CRIMES AGAINST THE PEACE.
§61-6-20. Falsely reporting an emergency incident.
A person is guilty of reporting a false emergency incident
when, knowing the information reported, conveyed or circulated is
false or baseless, he:
(1) Initiates or circulates a false report or warning of or
impending occurrence of a fire, explosion, crime, catastrophe,
accident, illness or other emergency under circumstances in whichit is likely that public alarm or inconvenience will result or
that firefighting apparatus, ambulance apparatus, one or more
rescue vehicles or other emergency apparatus 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, crime,
catastrophe, accident, illness or other emergency in which it is
likely that public alarm or inconvenience will result or that
firefighting apparatus, ambulance apparatus, one or more rescue
vehicles or other emergency apparatus might be summoned, which
did not occur, does not in fact exist; or
(3) Reports to a law-enforcement officer or agency the
alleged occurrence of any offense or incident which did not in
fact occur or an allegedly impending occurrence of an offense or
incident which is not in fact about to occur or false information
relating to an actual offense or incident or to the alleged
implication of some person therein; or
(4) Without just cause, calls or summons by telephone, fire
alarm system or otherwise, any firefighting apparatus, ambulance
apparatus, rescue vehicles or other emergency vehicles.
Any person who violates this section is guilty of a
misdemeanor, and, upon conviction thereof, shall be fined not
more than five hundred one thousand dollars or confined in the
county jail not more than six months, for a period not exceeding one year, or both fined and confined.
NOTE: The purpose of this bill is to increase the penalty
for falsely reporting, by telephone, an emergency incident from
a fine of not more than five hundred dollars or confinement in
the county jail for not more than six months, or both, to a fine
of not more than one thousand dollars or confinement in the
county jail for a period not exceeding one year, or both.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.