FALSE REPORT OF CHILD ABUSE                                      S.B. 596 (S-3): FLOOR ANALYSIS

 

 

 

 

 

 

 

 

 

 

 

Senate Bill 596 (Substitute S-3 as reported) Sponsor: Senator Joel D. Gougeon

Committee: Families, Mental Health and Human Services

 

CONTENT

 

The bill would amend the Child Protection Law to increase the penalty for making a false report of child abuse or neglect. Under the current Law, knowingly and maliciously making a false report of child abuse or neglect is a misdemeanor. The bill provides, instead, that a person who intentionally made a false report of child abuse or neglect under the Law, knowing or having reason to know that the report was false, would be guilty of a felony punishable by imprisonment for up to two years and/or a maximum fine of $2,000.

 

The bill would take effect on June 1, 1996, and is tie-barred to Senate Bill 597. Senate Bill 597 (S-

3) would prescribe the same penalty under the Michigan Penal Code for making a false report of child sexual abuse or physical or emotional abuse or neglect of a child.

 

MCL 722.633                                                                                 Legislative Analyst: S. Margules

 

FISCAL IMPACT

 

Senate Bills 596 (S-3) and 597 (S-3) would have an indeterminate impact on State and local government.

 

Given that the false reporting of child abuse under current law is a misdemeanor, changing this violation to a felony could result in increased prison commitments, and a corresponding decrease in local fines and jail sanctions.  There are, however, no data available on the projected number of annual violations, or the expected average number of prison sentences as a result of those violations. An increase of five annual prison commitments, each receiving an average one-year prison sentence, could result in increased costs to the Department of Corrections of approximately

$50,000 to $65,000 annually.

 

Date Completed: 10-24-95                                                                     Fiscal Analyst: M. Hansen

 

 

 

 

 

 

 

 

 

 

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This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.