CRIMES BY EDUCATORS H.B. 4531 (H-1): FLOOR ANALYSIS
House Bills 4531 (Substitute H-1 as reported with amendment) Sponsor: Representative Terry London
House Committee: Education Senate Committee: Education
The bill would amend the School Code to establish misdemeanor penalties for the fraudulent use of a teaching certificate, school administrator’s certificate, or State Board of Education approval to obtain employment, or the fraudulent use of a college transcript or other credential to obtain a teaching or school administrator’s certificate or State Board approval. The bill would take effect on August 1, 1995.
Under the bill, a person would be guilty of a misdemeanor if he or she used or attempted to use a teaching certificate, school administrator’s certificate, or State Board approval that the person knew was surrendered, suspended, revoked, nullified, fraudulently obtained, altered, or forged; or if the person used or attempted to use as his or her own a valid teaching certificate, school administrator’s certificate, or State Board approval that he or she knew was issued to another person, to obtain employment in a position requiring a valid certificate or State Board approval or remained employed in a position requiring a valid teaching certificate, school administrator’s certificate, or State Board approval knowing that he or she did not hold a valid certificate or State Board approval. It also would be a misdemeanor for a person to use or attempt to use a college or university transcript or a certificate or other credential that he or she knew was fraudulently obtained, altered, or forged, or to use or attempt to use as his or her own a college or university transcript or a certificate or other credential that he or she knew belonged to another person, to obtain a teaching certificate, school administrator’s certificate, or State Board approval in this State.
These offenses would be punishable by imprisonment for up to 93 days and/or a fine of up to $500 for a first offense. A second or subsequent offense would be subject to imprisonment for at least 93 days but not more than six months and/or a fine of at least $500 but not more than $1,000.
Proposed MCL 380.1230a Legislative Analyst: L. Arasim
The bill would have an indeterminate impact on State and local criminal justice systems. The increased penalties associated with the use and misuse of fraudulent certificates could result in increased costs for prosecuting and sanctioning convicted offenders. While there are no data that would indicate how many annual violations might occur, there are not expected to be significant costs associated with the bill.
Date Completed: 5-23-95 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.