COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 021425

 

Amending Chapter 50 of the Code of Ordinances, entitled "Offenses and Miscellaneous Provisions", by repealing Section 50-42 therein, entitled " False reports", and enacting in lieu thereof a new section of like number and subject matter.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That Chapter 50 of the Code of Ordinances, entitled " Offenses and Miscellaneous Provisions", is hereby amended by repealing Section 50-42 therein, entitled "False reports", and enacting in lieu thereof a new section of like number and subject matter, said section to read as follows:

 

Sec. 50-42. False reports.

(a) A person commits the ordinance violation of making a false report if he knowingly:

(1) Gives false information to a law enforcement officer or any civilian employee or member of a law enforcement agency for the purpose of implicating another person in a crime; or

(2) Makes a false report to a law enforcement officer that a crime has occurred or is about to occur; or

(3) Makes a false report or causes a false report to be made to a law enforcement officer, security officer, fire department or other organization, official or volunteer, which deals with emergencies involving danger to life or property that a fire or other incident calling for an emergency response has occurred.

(b) It is a defense to a prosecution under subsection (a) of this section that the actor retracted the false statement or report before the law enforcement officer or any other person took substantial action in reliance thereon.

(c) The defendant shall have the burden of injecting the issue of retraction under subsection (b) of this section.

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Approved as to form and legality:

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Assistant City Attorney