State bill could make 'swatting' a felony and force caller to pay for enforcement response
A Montgomery legislator wants to take a swat at co-called “swatting calls.”
Rep. Phillip Ensler, D-Montgomery, pre-filed a bill before the current Legislative session that makes the false calls to law enforcement and other emergency response agencies a crime. There is no law current law addressing the practice. Prosecutors usually charge a person with making a false report, which is a misdemeanor.
“We need a specific law against swatting,” Ensler said. “Obviously we want to give someone pause, not to make the call in the first place. And we want the punishment to be that if a call is made, there will be serious consequences upon conviction."
His bill has made it out of the House and is in the state Senate for consideration. Under the proposed bill if a swatting call is made, the charge would be a Class A misdemeanor, with a maximum punishment of a year and a day in the county jail.
If the fake call involves a felony-level crime, the charge would be a Class C felony with the range of two to 10 years in prison. If someone is injured in the response to the call, or because of the call, the charge would be bumped up to a Class B felony with a range of two to 20 years in prison. And if someone is “seriously” injured or dies as a result of the response to the call, or because of the call, it would be a Class A felony with a range of 10 years to life in prison.
The bill also calls for anyone convicted of making the false call to be liable for the costs that law enforcement or other emergency response agencies incur in responding to the call.
Swatting was in the local news recently when the Prattville Police Department arrested a Montgomery police office and charged him with six counts of making a false report.
More: Prattville police charge Montgomery officer with 'swatting' calls
Christopher Eugene Sanspree Jr., 23, was arrested Feb. 7 and is accused of calling Autauga E-911 six times over a period of several weeks and reporting a false call, said Prattville Police Chief Mark Thompson. Sanspree was released on bonds totaling $6,000. He is a Montgomery police officer and was arrested while on duty with cooperation of MPD, Thompson said.
Sanspree has been with the Montgomery Police Department for 28 months, said Capt. Raymond Carson, a spokesman for the department. He is now assigned administrative duties. Before his arrest he was assigned to the patrol division, Carson said.
Thompson applauded Ensler’s efforts
“If you give us the law, we will use it,” Prattville’s police chief said. “We are seeing more and more of these calls.”
Having the caller foot the bill is another plus, he said.
“In the past when we’ve had cases of teenagers threatening the schools either on the phone or through social media, we’ve asked the judge to make the parents pay restitution for what it cost us responding to the call,” Thompson said.
Ensler said the fake calls mean resources that should be used patrolling and investigating real crimes are misused.
“The men and women of our law enforcement agencies have a tough enough job as it is,” Ensler said. “They don’t need to waste time and resources answering false calls. And if false calls do come in, the punishment needs to be substantial.”
Contact Montgomery Advertiser reporter Marty Roney at mroney@gannett.com.
This article originally appeared on Montgomery Advertiser: State bill allows felony charges, restitution for 'swatting' calls
