A new bill could make ‘swatting’ against public officials a felony in Minnesota

[MUSIC PLAYING] CATHY WURZER: In less than a half hour, at 12:30 this afternoon, the Minnesota Senate Judiciary and Public Safety Committee will hear a bill that makes swatting public officials a felony. Swatting, those who don't know, is when someone makes a false emergency call of a violent incident, such as a mass shooting or a bomb threat, prompting the dispatch of emergency responders.

US Congressman Tom Emmer, who lives in Delano, was swatted earlier this year. And according to the FBI, more than 550 swatting incidents have occurred across the country since May of 2023. At least two innocent people have died as a result of swatting. One was shot by officers, the other had a heart attack.

In Minnesota, swatting calls that sent first responders to the home of an elected official, judge, prosecuting attorney, employee of a correctional facility, or peace officer is currently a gross misdemeanor. As a felony, perpetrators would receive up to one year in prison and a $5,000 fine. The House companion bill was sent to the House floor last Thursday. Here's House Minority Leader Lisa Demuth on the dangers of swatting.

LISA DEMUTH: And what that does, is that puts those first responders at risk. It puts anyone that may be in that home at risk. And we know that where there is risk, and it is a fictitious crime that is something that we want to increase the penalty for.

CATHY WURZER: The senate's swatting bill is being introduced today by GOP Senator Warren Limmer, who's on the line right now. Thanks for taking the time.

WARREN LIMMER: Oh, I'm glad to be on.

CATHY WURZER: See, I'm curious. This swatting has been around for a while now. What prompted you to introduce it this session, a bill that would curtail that this session?

WARREN LIMMER: Well, this is a little different. This is when a swatting is directed to someone in authority-- a police officer, an elected official, a judge, a prosecutor. That's not specifically covered in law. And quite honestly, when someone starts to, well, basically attack back on an enforcement authority in the state of Minnesota, really is important to have an appropriate reaction to it.

CATHY WURZER: And we've seen more of this? Is that correct?

WARREN LIMMER: Well, we haven't seen a big rise in it in Minnesota, but we have seen it in other states. And it's becoming more and more prevalent. And as more and more news stories come out on it, we're beginning to realize that this might just become a pattern that we should be prepared for.

Tom Emmer, his home out in Wright County, was swatted. Nikki Haley, in South Carolina, her home has been swatted twice. And that's the very place where her elderly parents live. So it really becomes quite an ordeal when you have police officers in SWAT gear coming through with fully automatic weapons and putting people up against the wall or patting them down. It really becomes a very harrowing moment in everyone's life.

CATHY WURZER: You mentioned two politicians. Do you think there might be an increase in swatting with the elections coming up?

WARREN LIMMER: Well, I would imagine elections. We're getting more and more-- becoming a more polarized nation politically. Quite honestly, I think this type of thing will fit into the category of dirty tricks that we saw in politics. Now, it's just being escalated on a completely different front. Quite honestly, I can see it coming.

CATHY WURZER: Say, I'm wondering here, there are some dangers, as I mentioned, with swatting. What's the danger for the first responders and maybe any residents around the area?

WARREN LIMMER: Well, yeah, of course. Whenever a heightened sense of alarm is being reacted to by law enforcement, they come into an area. They charge through a door. They're looking not only at the subject's property, they're looking all around. If anybody just happens to be there that just doesn't look right, they're going to be very heavily reviewed, seen as a potential threat. They'll be a subject of a search as well.

And of course, if the elderly parents, in the case of Nikki Haley, we don't know the medical condition of those individuals. If they are elderly, they might have heart conditions. They might have other things that could trigger-- a SWAT incursion could trigger a medical event. There are so many other things going on. SWAT teams, when they come in, they don't have a lot of respect for the property values either, as they're coming in. So, it could be a financial loss to the family as well.

CATHY WURZER: This bill is focusing on public officials, as we mentioned at the beginning of our conversation. But as you know, I mean, there have been schools-- I can think of several Minnesota schools that have been the targets of swatting and places of worship in recent years. Are there increased penalties for swatting when it comes to public institutions at all?

WARREN LIMMER: I'm not aware of public institutions, but I would imagine that that could happen. If someone called in a false, fraudulent statement, saying that there was criminal activity in a certain public location, sure. You could trigger a swatting incursion as well.

CATHY WURZER: You were one of the individuals who helped shepherd the school resource officer bill, the changes in the law through the session earlier in the going here. And that was bipartisan. I'm wondering, will this also have bipartisan support?

WARREN LIMMER: You know, we'll have a good chance of knowing that. I have a hearing scheduled for later this afternoon in the Senate Judiciary Committee. So we'll see. Just having the opportunity to present the bill is a sign of goodwill toward a bipartisan recognition. Quite honestly, I don't know why we wouldn't pass this.

The sad thing is, is, law enforcement is continuing to be used as a political tool not in a good way more and more, exploiting a law enforcement resource, whether it's SRO to be keeping them out of school or in school, or a SWAT team coming in at the request of usually an anonymous call to an emergency dispatcher. It seems like law enforcement is being used more and more as the tool to abuse someone's political views, at least in this case.

CATHY WURZER: Senator, I know you have to go--

WARREN LIMMER: Something to watch out for.

CATHY WURZER: Senator, I know you have to go to that committee hearing. Thanks for joining us.

WARREN LIMMER: Yeah, anytime. Thank you.

CATHY WURZER: We've been talking to GOP Senator Warren Limmer.