This month, Alabama Governor Kay Ivey signed HB82, nicknamed the “False Reporting” bill, into law, increasing the penalties for filing false reports in the State of Alabama. The bill was sponsored by Rep. Mike Shaw in the House of Representatives, who unanimously passed the bill in February. Senator April Weaver supported the bill as it made its way through the Senate, also passing unanimously. Under the new bill, false reporting of a crime that poses an imminent danger to a person or the public rises to the level of a Class C felony, and government authorities have broadened abilities to seek restitution for any costs incurred by investigating such reports.
The bill came as a response to the highly publicized case of Carlee Russell last year. According to news reports at the time, Russell called 911 to report a toddler walking along the highway, and then vanished. Fear of the potential kidnapping gripped Alabama communities for several days, causing concern as people across the state and country eagerly waited for news of Russel’s safe return. Alabama law enforcement responded to the public anxiety with a multiagency response, investing valuable resources into finding Ms. Russell. Approximately two days after her disappearance, Ms. Russell returned home, claiming she had been abducted, and had escaped. Later, however, Ms. Russell recanted her original story, admitting through her attorney that her report was false.
While Ms. Russell’s lie did not directly harm any one individual, her false report diverted significant community resources away from legitimate aims. At different points throughout the search for Russell and her fictional abductors, thirty percent of Hoover’s police department contributed time and energy to the investigation. Police dedicated several hundred hours of overtime to the search, relying on tracking dogs, drones, and other important police resources in their attempt to locate Ms. Russell. The search tied up these resources, preventing their use in pursuit of legitimate investigations. These public resources are funded from taxpayers’ pockets, leading to a loss of millions of dollars for a search that was both illegitimate and fruitless.
Despite the measurable loss to the community, Russell’s sentence to jail was suspended, and she was ordered to pay only $18,000 of restitution. The public was outraged that Ms. Russell got off so lightly, with a fine that appeared minimal in comparison to the costs Ms. Russell’s investigation incurred. The public response inspired Representative Shaw to pursue the bill, with a goal of creating a deterrent against blatantly lying in reporting a crime, subsequently allowing law enforcement to focus their efforts on the true victims of crimes.
The bill covers several issues arising from false reports, effectively addressing the publicly perceived leniency of Ms. Russell’s punishment. Prior to this bill, false reporting was merely a Class A misdemeanor, allowing only as much as one year in jail as punishment. Under the new bill, these reports rise to the level of a Class C felony, increasing the weight of the charge. Additionally, the bill allows for greater restitution, allowing government agencies to recover for reasonable expenses incurred when investigating false reports.
Overall, the “False Reporting” bill serves to address the public’s concerns arising from Carlee Russell’s high-profile case. By working to deter instances of false reporting and simultaneously mitigating any public costs associated with false reports, the bill addressees both facets of the problem. The unanimous passing of the bill in both the House and Senate combines to send a singular message to the Alabama public: that Carlee Russell’s actions were unacceptable and will not be repeated without greater consequence. Although the Alabama legislature lacks the power to ensure that no future crimes will be committed, the increased punishments allowed by the new bill will hopefully reduce instances of false reporting going forward, preserving the use of taxpayer money for necessary community endeavors.
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