S.B. 1126: COMMITTEE SUMMARY - FAILURE TO REPORT ABUSE: PENALTY

Senate Bill 1126 (as introduced 5-7-98)

Date Completed: 5-12-98

CONTENT

The bill would amend the Child Protection Law to increase the fine for failure to report suspected child abuse or neglect, and to prescribe an enhanced penalty for a second or subsequent offense.

Under the Law, various professionals (such as educators, health care workers, and child care providers) are required to report suspected instances of child abuse or neglect. A person who is required to report and who knowingly fails to do so is guilty of a misdemeanor punishable by imprisonment for up to 93 days and/or a maximum fine of $100. The bill would increase the fine to $500. A second or subsequent violation would be a felony punishable by imprisonment for up to four years or a fine of up to $2,000, or both.

MCL 722.633 - Legislative Analyst: S. Lowe

FISCAL IMPACT

Senate Bill 1126 would have an indeterminate fiscal impact on State and local government.

By increasing the fine for not reporting an instance of suspected child abuse for first time offenders, the bill could result in State or local government receiving additional fine revenue. The bill also would create a felony for second or subsequent violations, which would include a maximum sentence of four years in prison, and/or a fine of $2,000. There are no data to indicate how many people would be convicted of a second violation of this law. If one assumed five annual convictions for subsequent violations, costs could increase by $180,000.

- Fiscal Analyst: K. Firestone

S9798\S1126SA

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.