Bill Text: MI HB5855 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Criminal procedure: sentencing; mandatory minimum jail sentences for certain violations of the revised school code; eliminate. Amends secs. 1599 & 1809 of 1976 PA 451 (MCL 380.1599 & 380.1809).
Spectrum: Moderate Partisan Bill (Democrat 28-5)
Status: (Passed) 2020-12-31 - Assigned Pa 384'20 [HB5855 Detail]
Download: Michigan-2019-HB5855-Introduced.html
HOUSE BILL NO. 5855
June 11, 2020, Introduced by Reps. Brann,
Yancey, Lasinski, Brenda Carter, Tyrone Carter, Hope, Whitsett, Hood,
Sneller, Sabo, Warren, Sowerby, Cambensy, Clemente, Cherry, Manoogian,
Kuppa, Stone, Hoadley, Guerra, Gay-Dagnogo, O'Malley, Kahle, Wozniak,
Brixie, Peterson, Bolden, Meerman, Ellison, Wittenberg, Hammoud, Kennedy
and Cynthia Johnson and referred to the Committee on Judiciary.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending sections 1599 and 1809 (MCL 380.1599 and 380.1809), section 1809 as added by 1995 PA 96.
the people of the state of michigan enact:
Sec. 1599. A parent or other person in parental relation who fails to comply with this part is guilty of a misdemeanor , punishable by a fine of not less than $5.00 nor or more than $50.00 , or imprisonment for not less than 2 nor more than 90 days, or both.
Sec. 1809. (1) In addition to any other penalty
provided by law, a person who uses or attempts to use a teaching certificate
that he or she knows is surrendered, suspended, revoked, nullified,
fraudulently obtained, altered, or forged, or who uses or attempts to use as
his or her own a valid teaching certificate that he or she knows is issued to
another person, to obtain employment in a position requiring a valid teaching
certificate or who remains employed in a position requiring a valid teaching
certificate knowing that he or she does not hold a valid teaching certificate
is guilty of a misdemeanor, punishable as follows:
(a) For the first
offense, by imprisonment for not more than 93 days or a fine of not more than
$500.00, or both.
(b) For a second or
subsequent offense, by imprisonment for not less than 93 days or more than 6 months , or a fine of not less than $500.00 or more than
$1,000.00, or both.
(2) In addition to any
other penalty provided by law, a person who uses or attempts to use a school
administrator's certificate that he or she knows is surrendered, suspended,
revoked, nullified, fraudulently obtained, altered, or forged, or who uses or
attempts to use as his or her own a valid school administrator's certificate
that he or she knows is issued to another person, to obtain employment as a
school administrator or who remains employed in a position requiring a valid
school administrator's certificate knowing that he or she does not hold a valid
school administrator's certificate is guilty of a misdemeanor, punishable as
follows:
(a) For the first
offense, by imprisonment for not more than 93 days or a fine of not more than
$500.00, or both.
(b) For a second or
subsequent offense, by imprisonment for not less than 93 days or more than 6 months , or a fine of not less than $500.00 or more than
$1,000.00, or both.
(3) In addition to any
other penalty provided by law, a person who uses or attempts to use a state
board approval that he or she knows is surrendered, suspended, revoked,
nullified, fraudulently obtained, altered, or forged, or who uses or attempts
to use as his or her own a valid state board approval that he or she knows is
issued to another person, to obtain employment in a position requiring a valid
state board approval or who remains employed in a position requiring a valid state
board approval knowing that he or she does not hold a valid state board
approval is guilty of a misdemeanor, punishable as follows:
(a) For the first
offense, by imprisonment for not more than 93 days or a fine of not more than
$500.00, or both.
(b) For a second or
subsequent offense, by imprisonment for not less than 93 days or more than 6 months , or a fine of not less than $500.00 or more than
$1,000.00, or both.
(4) In addition to any
other penalty provided by law, a person who uses or attempts to use a college
or university transcript or a certificate or other credential that he or she
knows is fraudulently obtained, altered, or forged, or who uses or attempts to
use as his or her own a college or university transcript or a certificate or
other credential that he or she knows is that of another person, to obtain a
teaching certificate, school administrator's certificate, or state board
approval in this state is guilty of a misdemeanor, punishable as follows:
(a) For the first
offense, by imprisonment for not more than 93 days or a fine of not more than
$500.00, or both.
(b) For a second or
subsequent offense, by imprisonment for not less than 93 days or more than 6 months , or a fine of not less than $500.00 or more than
$1,000.00, or both.
(5) The state board may
refuse to issue or renew a teaching certificate, school administrator's
certificate, or state board approval, or refuse to issue an endorsement for a
teaching certificate or school administrator's certificate, to a person
convicted of a violation of this section.
(6) As used in this section, "state board approval" means that term as defined in section 1539b.
