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05/12/2024 06:38 AM
Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20230&cosponId=42167
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House of Representatives
Session of 2023 - 2024 Regular Session

MEMORANDUM

Posted: February 22, 2024 02:43 PM
From: Representative Ryan E. Mackenzie and Rep. Craig Williams, Rep. Dawn W. Keefer, Rep. Jim Rigby
To: All House members
Subject: Anti Swatting Legislative Package
 
In the near future, we intend to introduce a package of bills to address the alarming rise of swatting in this Commonwealth. 
“Swatting” is a malicious act that involves making fraudulent or hoax 911 calls to cause emergency response teams, such as law enforcement special weapons teams or SWAT teams, to react forcefully to a fake public threat. The individuals who engage in this act sometimes even use technology to make it appear that the emergency call is coming from the victim’s phone. Swatting can be used as a form of harassment, as a prank or as a form of revenge - or even terrorism. In recent years, the number of swatting cases across the country has skyrocketed.
Pennsylvania has been no exception.  This was made clear in March of 2023 when school districts across the state received false reports of bombs and active shooters at schools in multiple counties. Although these were all determined to be swatting, law enforcement was still required to employ resources to respond to each alleged threat. Swatting can also disrupt private businesses.  Just this month, a Walmart in York County was shut down for several hours after a swatting call claimed someone had been shot and taken hostage and bombs had been placed. Lebanon County, Delaware County and more have also experienced swatting incidents.
Swatting can have serious and deadly consequences.  But even when swatting does not result in a fatality or injury, it causes police and other emergency responders to deploy valuable and important resources to a false emergency.
It is imperative that we strengthen and adapt our laws in Pennsylvania to combat and punish this dangerous new type of criminal activity to ensure the safety and protection of our communities and our law enforcement, firefighters and other emergency medical personnel.

 



Document #1

Description: Bill #1 (R Mackenzie)
This legislation will criminalize this dangerous behavior and make it a felony offense if any person suffers bodily injury as a result of a swatting call.  Because there is a high risk of violence associated with any swatting incident, significant criminal penalties are appropriate and will serve to deter this malicious and dangerous conduct. 
 

Document #2

Description: Bill #2 (C Williams)
Under this legislation, a swatting victim will have a cause of action against the individual who knowingly or intentionally made a false report of a crime or other emergency for any damages stemming from the false report. 
 

Document #3

Description: Bill #3 (Keefer)
This legislation will allow courts to order a person who is found to have engaged in swatting to pay the costs incurred by the state or municipality, or any other emergency responder, that responds to a swatting call. These costs will include wages or other compensation of any responder for time spent responding, for prosecuting the offender, and for costs of supplies and equipment used in responding to the swatting call.
 

Document #4

Description: Bill #4 (Rigby)
This legislation will grant civil immunity to law enforcement officers who respond to a swatting call.  When our law enforcement officers respond to these false reports, they often operate under the belief that lives are in danger and swift action is necessary to end the threat.  This legislation recognizes that damages arising from law enforcement’s response under these circumstances should be borne by the individual who made the false report, not by the officers who may have damaged property in a good faith effort to protect innocent lives.