BISMARCK — A House bill that would criminalize filing "false and frivolous" accusations of harassment or discrimination against public employees failed its first vote in the House Judiciary Committee on Tuesday, by a margin of 7-5, with one committee member absent.
House Bill 1256, introduced by Rep. Eric Murphy, R-Grand Forks, would make anyone convicted of filing a false and frivolous accusation guilty of a class C felony, and those convicted of "willfully encouraging" others to file a false and frivolous accusation guilty of a class B misdemeanor.
Rep. Shannon Roers Jones, R-Fargo, expressed concern over the legal definition of what constitutes a false allegation.
"What would be the standard for determining what is false?" asked Roers Jones. "Do you need to have evidence that disproves the allegation, and is there a standard for disproving, or does false simply mean the accused was not disciplined?"
Rep. Mary Schneider, D-Fargo, said the penalties associated with a class C felony — up to five years imprisonment and/or a $10,000 fine — could dissuade those with valid claims from coming forward.
"The threat of these penalties could create a chilling effect on positive claims that need to be made," said Schneider. "Also, is that a proper penalty for something that might be free speech and unprovable one way or another?"
Rep. Cole Christensen, R-Rogers, said although he agrees with the bill's intent, it needs amending.
"The intent of this bill — which I hope we can all...
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