HF559

Purpose

• Create a restitution requirement for people who report a fictitious emergency. The bill amends Minnesota Statutes 2024 section 609.78 by adding a subdivision (2d Restitution) so that courts can order repayment to both public safety agencies and direct victims affected by false emergency reports.

Main Provisions

• New subdivision 2d Restitution added to Minnesota Statutes 2024 section 609.78.
• When a person is convicted under subdivision 2 clause 2, the court must order full and complete restitution:
  • To the public agency for the reasonable costs of the emergency response.
  • To a direct victim of the fictitious emergency.
• Restitution payments are separate from civil liability: paying restitution does not limit damages that may be sought in a civil action or proceeding, and the victim may pursue an amount greater than the restitution amount.

Significant Changes to Existing Law

• Establishes a mandatory restitution framework specifically for fictitious emergencies, ensuring public agencies recover emergency response costs and direct victims are compensated.
• Clarifies that restitution does not cap or substitute civil damages, meaning victims may still seek additional compensation through civil court beyond the restitution payment.

How this would work in practice

• If someone commits a crime related to reporting a false emergency and is sentenced under the relevant statute, the court will issue a restitution order covering:
  • The public agency’s reasonable emergency response costs.
  • The direct victim’s damages or losses caused by the fictitious emergency.
• The restitution payment is in addition to any civil legal action the victim may pursue for further damages.

Relevant Terms - fictitious emergency - restitution - public agency - emergency response costs - direct victim - civil action - damages - Minnesota Statutes 2024 section 609.78 - subdivision 2d - sentence (as part of sentencing)