Bill Text: MI SB0086 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Crimes; other; reporting of burn injuries by medical personnel to law enforcement; require under certain circumstances. Amends sec. 411 of 1931 PA 328 (MCL 750.411).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-02-01 - Referred To Committee On Judiciary [SB0086 Detail]

Download: Michigan-2017-SB0086-Introduced.html

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SENATE BILL No. 86

 

 

February 1, 2017, Introduced by Senator JOHNSON and referred to the Committee on Judiciary.

 

 

 

     A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

 

by amending section 411 (MCL 750.411), as amended by 2000 PA 339.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 411. (1) A person, firm, or corporation conducting

 

operating a hospital or pharmacy in this state, the person managing

 

or in charge of a hospital or pharmacy, or the person in charge of

 

a ward or part of a hospital to which 1 or more persons come or are

 

brought suffering from a wound or other injury inflicted by means

 

of a knife, gun, pistol, or other deadly weapon, or by other means

 

of violence, has a duty to report that fact immediately, both by

 

telephone and in writing, to the chief of police or other head of

 

the police force of the village or city in which the hospital or

 

pharmacy is located, or to the county sheriff if the hospital or

 

pharmacy is located outside the incorporated limits of a village or

 

city. The report shall must state the name and residence of the

 

person, if known, his or her whereabouts, and the cause, character,

 

and extent of the injuries and may state the identification of the

 

perpetrator, if known.

 

     (2) A person, firm, or corporation operating a hospital or

 

pharmacy in this state, the person managing or in charge of a

 

hospital or pharmacy, or the person in charge of a ward or part of

 

a hospital to which 1 or more persons come or are brought suffering

 

from a burn injury has a duty to report that fact immediately, both

 

by telephone and in writing, to the arson or fire investigation

 

unit of the village or city in which the hospital or pharmacy is

 

located, or to the county sheriff if the hospital or pharmacy is

 

located outside the incorporated limits of a village or city, if

 

either of the following circumstances is present:

 

     (a) There is evidence that a fire accelerant was used in the

 

incident causing the burn injury and there is a reasonable

 

suspicion that the person suffering from the burn injury committed

 

arson.

 

     (b) An interview with the person creates a reasonable

 

suspicion that he or she committed arson.

 

     (3) The report made under subsection (2) must state the name

 

and residence of the person suffering from the burn injury, if

 

known, his or her whereabouts, and the cause, character, and extent

 

of the injuries and may state the identification of the

 

perpetrator, if known.

     (4) (2) A physician or surgeon who has under his or her charge

 

or care a person suffering from a wound, or injury, or burn

 

inflicted in the manner described in subsection (1) or (2) has a

 

duty to report that fact in the same manner and to the same officer

 

law enforcement officers as required by subsection subsections (1)

 

and (2).

 

     (5) (3) A person, firm, or corporation that violates this

 

section is guilty of a misdemeanor.

 

     (6) (4) To the extent not protected by the immunity conferred

 

by 1964 PA 170, MCL 691.1401 to 691.1415, 691.1419, a person who

 

makes a report in good faith under subsection (1) or (2) this

 

section or who cooperates in good faith in an investigation, civil

 

proceeding, or criminal proceeding conducted as a result of such a

 

report is immune from civil or criminal liability that would

 

otherwise be incurred by making the report or cooperating in the

 

investigation or civil or criminal proceeding. A person who makes a

 

report under subsection (1) or (2) this section or who cooperates

 

in an investigation, civil proceeding, or criminal proceeding

 

conducted as a result of such a report is presumed to have acted in

 

good faith. The presumption created by this subsection may be

 

rebutted only by clear and convincing evidence.

 

     (7) (5) The immunity from civil and criminal liability granted

 

under subsection (4) (6) extends only to the actions described in

 

subsection (4) (6) and does not extend to another act or omission

 

that is negligent or that amounts to professional malpractice, or

 

both, and that causes personal injury or death.

 

     (8) (6) The physician-patient privilege created under section

2157 of the revised judicature act of 1961, 1961 PA 236, MCL

 

600.2157, a health professional-patient privilege created under

 

article 15 of the public health code, 1978 PA 368, MCL 333.16101 to

 

333.18838, and any other health professional-patient privilege

 

created or recognized by law do not apply to a report made under

 

subsection (1) or (2), this section, are not valid reasons for a

 

failure to comply with subsection (1) or (2), this section, and are

 

not a defense to a misdemeanor charge filed under this section.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.