[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 156 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 156
To amend the Communications Act of 1934 to provide for enhanced
penalties for the transmission of misleading or inaccurate caller
identification information with the intent to trigger an emergency
response.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 3, 2019
Mr. Engel introduced the following bill; which was referred to the
Committee on Energy and Commerce, and in addition to the Committee on
the Judiciary, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the Communications Act of 1934 to provide for enhanced
penalties for the transmission of misleading or inaccurate caller
identification information with the intent to trigger an emergency
response.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Anti-Swatting Act of 2019''.
SEC. 2. TRANSMISSION OF MISLEADING OR INACCURATE CALLER ID INFORMATION
WITH INTENT TO TRIGGER EMERGENCY RESPONSE.
Section 227(e)(5) of the Communications Act of 1934 (47 U.S.C.
227(e)(5)) is amended--
(1) in subparagraph (B), by striking ``Any person'' and
inserting ``Except as provided in subparagraph (C), any
person''; and
(2) by adding at the end the following:
``(C) Enhanced penalties for violation with intent
to trigger emergency response.--
``(i) Criminal violation.--Any person who
violates this subsection with the intent to
trigger an emergency response in the absence of
circumstances requiring such a response shall--
``(I) be fined under title 18,
United States Code, or imprisoned not
more than 5 years, or both; or
``(II) if serious bodily injury
results, be fined under title 18,
United States Code, or imprisoned not
more than 20 years, or both.
``(ii) Reimbursement.--
``(I) In general.--The court, in
imposing a sentence on a defendant who
has been convicted of an offense under
clause (i), shall order the defendant
to reimburse any entity described in
subclause (I), (II), or (III) of clause
(iii) that incurs expenses in making or
incident to the response described in
clause (i) for such expenses.
``(II) Liability.--A person ordered
to make reimbursement under this clause
shall be jointly and severally liable
for such expenses with each other
person, if any, who is ordered to make
reimbursement under this clause for the
same expenses.
``(III) Civil judgment.--An order
of reimbursement under this clause
shall, for the purposes of enforcement,
be treated as a civil judgment.
``(iii) Emergency response defined.--In
this subparagraph, the term `emergency
response' means any action to protect life,
health, or property by--
``(I) a law enforcement agency of
the United States, a State, or a
political subdivision of a State;
``(II) an agency of the United
States, a State, or a political
subdivision of a State, or a private
not-for-profit organization, that
provides fire, rescue, or emergency
medical services; or
``(III) a public safety answering
point (as defined in section 222).''.
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