The Georgia Senate voted 53-0 on Feb. 27 to pass Senate Bill 421, a legislative proposal that would create stiffer penalties for “unlawful requests for emergency services” — i.e., the act of “swatting.”
Numerous elected officials — among them District 14 U.S. Rep. Marjorie Taylor Greene — have fallen prey to “swatting” incidents recently, in which 911 calls are made that falsely claim that emergency situations, like a suicide or homicide attempt, are taking place at their respective residences.
Thirty Georgia senators sponsored the bill — 11 Democrats and 19 Republicans, including District 54 Sen. Chuck Payne, R-Dalton.
“A person commits the offense of making an unlawful request for emergency services assistance when he or she knowingly and intentionally transmits in any manner a request for emergency services assistance knowing at the time of the request for emergency services assistance that there is no reasonable ground for believing the truth of information which forms the basis of such request,” the text of the engrossed version of the bill reads.
The types of “requests” covered by the bill run the gamut from fraudulent bomb threats to phony active shooter reports.
“The knowing use of any electronic device or software to alter, conceal or disguise or attempt to alter, conceal or disguise the location or identity of the person making the request” is also included under the definitional umbrella of SB 421.
The bill would make a first conviction for “swatting” a high and aggravated misdemeanor.
“Upon a second conviction, a felony and punished by imprisonment for not less than five nor more than 10 years, by a fine of not less than $5,0000 or both,” the bill text reads. “Upon a third or subsequent conviction, a felony and punishable by imprisonment for not less than 10 nor more than 15 years, by a fine of not less than $25,000 or both.”
An additional subsection of the bill outlines penalties for “swatting” directed toward critical infrastructure — defined in the bill as any building, place of assembly or facility within Georgia “necessary for national or public security, education or public safety.”
That offense would carry a minimum sentence of five years imprisonment and a maximum fine amount of $100,000.
“If serious bodily harm or death results from the response of a public safety agency or if the location of response to an unlawful request for emergency assistance is a dwelling or a place of worship, a person convicted of a first violation of this code section shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than 10 years, by a fine of not less than $5,000 or both,” the bill reads.
The proposed legislation would also make those convicted of “swatting” offenses responsible for restitution to persons, public entities and/or private entities in the case of offense-related damages.
“Including, without limitation, damage to property, expenses to treat bodily injuries and the actual value of any goods, services or income lost as a result of such violation,” the text indicates. “Restitution made pursuant to this subsection shall not preclude any party from obtaining any other civil or criminal remedy available under any other provision of law.”
The initial version of the bill was introduced to the Georgia General Assembly on Jan. 29.