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HF559 (Legislative Session 94 (2025-2026))

Restitution for public agencies and victims affected by the reporting of fictitious emergency provided.

AI Generated Summary

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)

Bill text versions

Actions

DateChamberWhereTypeNameCommittee Name
February 13, 2025HouseActionIntroduction and first reading, referred toPublic Safety Finance and Policy

Citations

 
[
  {
    "analysis": {
      "added": [
        "Adds Subd. 2d Restitution requiring the court, when imposing a sentence on a person convicted under subdivision 2 clause 2, to order restitution to the public agency for reasonable emergency response costs and to the direct victim of the fictitious emergency.",
        "Clarifies that a restitution payment does not limit liability for damages in a civil action or proceeding."
      ],
      "removed": [],
      "summary": "This bill adds a new subdivision to Minnesota Statutes 2024 section 609.78 (Subd. 2d) to require restitution for fictitious emergencies, directing restitution to the appropriate public agency for emergency response costs and to the direct victim, while clarifying that restitution does not limit damages in civil actions.",
      "modified": [
        "Amends Minnesota Statutes 2024 section 609.78 by adding a new subdivision (2d) for restitution."
      ]
    },
    "citation": "609.78",
    "subdivision": "Subd.2d"
  }
]

Progress through the legislative process

17%
In Committee

Sponsors

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