Bill Text: MI HB5050 | 2011-2012 | 96th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Law enforcement; investigations; providing false information to peace officer conducting criminal investigation; prohibit, and provide penalties. Amends 1931 PA 328 (MCL 750.1 - 750.568) by adding sec. 479c.

Spectrum: Slight Partisan Bill (Republican 5-2)

Status: (Passed) 2012-04-24 - Assigned Pa 104'12 With Immediate Effect [HB5050 Detail]

Download: Michigan-2011-HB5050-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 5050

 

October 11, 2011, Introduced by Reps. Walsh, Lori, Lyons, Haugh, Heise, Wayne Schmidt and Lane and referred to the Committee on Judiciary.

 

     A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

 

(MCL 750.1 to 750.568) by adding section 479c.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 479c. (1) A person who is informed by a peace officer

 

that he or she is conducting a criminal investigation shall not do

 

any of the following:

 

     (a) By any trick, scheme, or device, intentionally conceal

 

from the peace officer any material fact relating to the criminal

 

investigation.

 

     (b) Intentionally make any statement to the peace officer that

 

he or she knows is false or misleading regarding a material fact in

 


that criminal investigation.

 

     (c) Intentionally issue or otherwise provide any writing or

 

document to the peace officer that he or she knows is false or

 

misleading regarding a material fact in that criminal

 

investigation.

 

     (2) A person who violates this section is guilty of a crime as

 

follows:

 

     (a) If the crime being investigated is a misdemeanor

 

punishable by imprisonment for 1 year or less, the person is guilty

 

of a misdemeanor punishable by imprisonment for not more than 93

 

days or a fine of not more than $500.00.

 

     (b) If the crime being investigated is a misdemeanor

 

punishable by imprisonment for more than 1 year or is a felony

 

punishable by imprisonment for less than 4 years, the person is

 

guilty of a misdemeanor punishable by imprisonment for not more

 

than 1 year or a fine of not more than $2,500.00, or both.

 

     (c) If the crime being investigated is a felony punishable by

 

imprisonment for 4 years or more, the person is guilty of a felony

 

punishable by imprisonment for not more than 4 years or a fine of

 

not more than $5,000.00, or both.

 

     (3) This section does not prohibit an individual from invoking

 

his or her rights under the fifth amendment to the constitution of

 

the United States or section 17 of article I of the state

 

constitution of 1963.

 

     (4) As used in this section, "peace officer" means 1 or more

 

of the following:

 

    (a) A police officer of this state or a political subdivision

 


of this state.

 

    (b) A police officer of any entity of the United States.

 

    (c) The sheriff of a county of this state or the sheriff's

 

deputy.

 

    (d) A public safety officer of a college or university who is

 

authorized by the governing board of that college or university to

 

enforce state law and the rules and ordinances of that college or

 

university.

 

    (e) A conservation officer of the department of natural

 

resources.

 

    Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

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