1. Short title
This Act may be cited as the “Anti-Swatting Act of 2019”.
Anti-Swatting Act of 2019
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.
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—
in subparagraph (B), by striking “Any person” and inserting “Except as provided in subparagraph (C), any person”; and
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).”