[First Reprint]

ASSEMBLY, No. 140

STATE OF NEW JERSEY

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblymen JONES and Steele

An Act concerning certain false emergency calls and amending N.J.S.2C:33-3 ¹and P.L.1989, c.3¹.

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. N.J.S.2C:33-3 is amended to read as follows:

    2C:33-3. False Public Alarms. a. Except as provided in subsection b. or c., a person is guilty of a crime of the fourth degree if he initiates or circulates a report or warning of an impending fire, explosion, bombing, crime, catastrophe or emergency knowing that the report or warning is false or baseless and that it is likely to cause evacuation of a building, place of assembly, or facility of public transport, or to cause public inconveniences or alarm. A person is guilty of a crime of the fourth degree if he knowingly causes such false alarm to be transmitted to or within any organization, official or volunteer, for dealing with emergencies involving danger to life or property.

    b. A person is guilty of a crime of the third degree if in addition to the report or warning initiated, circulated or transmitted under subsection a., he places or causes to be placed any false or facsimile bomb in a building, place of assembly, or facility of public transport or in a place likely to cause public inconvenience or alarm.

    c. A person is guilty of a crime of the third degree if a violation of subsection a. of this section in fact results in serious bodily injury to another person. A person is guilty of a crime of the second degree if a violation of subsection a. of this section in fact results in death.

    d. For the purposes of this section, "in fact" means that strict liability is imposed.

    e. A person is guilty of a disorderly persons offense if the person

knowingly places a call to a 9-1-1 emergency telephone system without purpose of reporting the need for 9-1-1 service.

(cf: P.L.1994, c.115, s.1)

    ¹2. Section 10 of P.L.1989, c.3 (C.52:17C-10) is amended to read as follows:

    10. a. Whenever possible and practicable, telephone companies shall forward to jurisdictional public safety answering points via enhanced 9-1-1 network features, the telephone number and street address of any telephone used to place a 9-1-1 call. Subscriber information provided in accordance with this section shall be used only for the purpose of responding to emergency calls or for the investigation of false or intentionally misleading reports of incidents requiring emergency service.

    b. No telephone company, person providing commercial mobile radio service as defined in 47 U.S.C. §332(d), public safety answering point, agents of, or manufacturer supplying equipment to a telephone company or PSAP, shall be liable to any person who uses the enhanced 9-1-1 service established under this act for release of the information specified in this section, including non-published telephone numbers, or for failure of any equipment or procedure in connection with the enhanced 9-1-1 service or for any act or the omission of any act committed while in the training for or in rendering PSAP services in good faith and in accordance with this act. ¹

(cf: P.L. 1989, c.3)

    ¹[2.] 3.¹ This act shall take effect immediately.

Criminalizes placement of false calls to 9-1-1 system as a disorderly persons offense.