CHAPTER 87

FORMERLY

SENATE BILL NO. 218

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE MALICIOUS OBSTRUCTION OF EMERGENCY TELEPHONE CALLS AND FALSELY REPORTING AN INCIDENT.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

Section 1. Amend Section 1245 of Title 11 of the Delaware Code by striking the phrase "unclassified misdemeanor" where it appears in the title of the said section and in the last paragraph of said section and substituting in lieu thereof, the phrase "class A misdemeanor".

Section 2. Amend Section 1313 of Title 11 of the Delaware Code by striking said section in its entirety and by substituting in lieu thereof the following:

"§1313. Malicious interference with Emergency Communications; class B misdemeanor."

(a) As used in this section:

(1) 'emergency communication' means any telephone call or any other form of communication made, transmitted or facilitated by radio, computer or any other electronic device which is intended by its maker to provide warning or information pertaining to any crime, fire, accident, disaster or risk of injury or damage to any person or property."

(2) 'emergency communications center' means any public or private facility or entity which accepts emergency communications for the purpose of notifying, dispatching, directing or coordinating law enforcement, fire medical, paramedic, ambulance, utility or other public safety personnel.

(b) A person is guilty of malicious interference with emergency communications when the person:

(1) intentionally prevents or hinders the initiation, making or completion of an emergency communication by another person; or

(2) intentionally initiates or makes repeated non-emergency communications to any 911 or other emergency comminations center, knowing it was thereby likely that the operations of such emergency communications center would be disrupted.

Approved June 30, 2001