Bill Text: MI HB5050 | 2011-2012 | 96th Legislature | Engrossed
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-Engrossed.html
HB-5050, As Passed Senate, March 27, 2012
SENATE SUBSTITUTE FOR
HOUSE BILL NO. 5050
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) Except as provided in this section, 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, knowingly and willfully
conceal from the peace officer any material fact relating to the
criminal investigation.
(b) Knowingly and willfully make any statement to the peace
officer that the person knows is false or misleading regarding a
material fact in that criminal investigation.
House Bill No. 5050 as amended March 27, 2012
(c) Knowingly and willfully issue or otherwise provide any
writing or document to the peace officer that the person 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 serious misdemeanor,
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
misdemeanor punishable by imprisonment for not more than 2 years or
a fine of not more than $5,000.00, or both.
<<(d) If the crime being investigated is any of the following,
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:
(i) A violation of section 316 or 317 (first or second degree murder).
(ii) A violation of chapter LXVIIA (human trafficking).
(iii) A violation of section 520b (first degree criminal sexual conduct).
(iv) A violation of section 529 (armed robbery).
(v) A violation of section 529a (carjacking).
(vi) A violation of chapter LXXXIII-A (terrorism).
(vii) If the violation is punishable by imprisonment for not less than 20 years:
(A) A violation of chapter x (arson).
(B) A violation of chapter xxxiii (explosives and bombs, and harmful devices).
(C) A violation of chapter L (kidnapping).>>
(3) This section does not apply to either of the following:
(a) Any statement made or action taken by an alleged victim of
the crime being investigated by the peace officer.
(b) A person who was acting under duress or out of a
reasonable fear of physical harm to himself or herself or another
person from a spouse or former spouse, a person with whom he or she
has or has had a dating relationship, a person with whom he or she
has had a child in common, or a resident or former resident of his
or her household.
(4) This section does not prohibit a person from doing either
of the following:
(a) Invoking the person's rights under the Fifth Amendment of
the constitution of the United States or section 17 of article I of
the state constitution of 1963.
(b) Declining to speak to or otherwise communicate with a
peace officer concerning the criminal investigation.
(5) As used in this section:
(a) "Dating relationship" means frequent, intimate
associations primarily characterized by the expectation of
affectional involvement. This term does not include a casual
relationship or an ordinary fraternization between 2 persons in a
business or social context.
(b) "Peace officer" means any of the following:
(i) A sheriff or deputy sheriff of a county of this state.
(ii) An officer of the police department of a city, village, or
township of this state.
(iii) A marshal of a city, village, or township of this state.
(iv) A constable of any local unit of government of this state.
(v) An officer of the Michigan state police.
(vi) A conservation officer of this state.
(vii) A security employee employed by the state under section
6c of 1935 PA 59, MCL 28.6c.
(viii) A motor carrier officer appointed under section 6d of
1935 PA 59, MCL 28.6d.
(ix) A police officer or public safety officer of a community
college, college, or university within this state who is authorized
House Bill No. 5050 as amended March 27, 2012
by the governing board of that community college, college, or
university to enforce state law and the rules and ordinances of
that community college, college, or university.
(x) A park and recreation officer commissioned under section
1606 of the natural resources and environmental protection act,
1994 PA 451, MCL 324.1606.
(xi) A state forest officer commissioned under section 83107 of
the natural resources and environmental protection act, 1994 PA
451, MCL 324.83107.
(xii) An investigator of the state department of attorney
general.
(xiii) An agent of the state department of human services,
office of inspector general.
<<(xiv) A SERGEANT AT ARMS OR ASSISTANT SERGEANT AT ARMS COMMISSIONED AS A POLICE OFFICER UNDER SECTION 2 OF THE LEGISLATIVE SERGEANT AT ARMS POLICE POWERS ACT, 2001 PA 185, MCL 4.382.>>
(c) "Serious misdemeanor" means that term as defined in
section 61 of the William Van Regenmorter crime victim's rights
act, 1985 PA 87, MCL 780.811.
Enacting section 1. This amendatory act takes effect 90 days
after the date this amendatory act is enacted into law.
