SENATE BILL NO. 1126


   May 7, 1998, Introduced by Senators SHUGARS, GOUGEON, ROGERS, 
        STEIL, EMMONS, MC MANUS, KOIVISTO and DINGELL and referred 
        to the Committee on Judiciary.



        A bill to amend 1975 PA 238, entitled

   "Child protection law,"

   by amending section 13 (MCL 722.633), as amended by 1996 PA 309.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 13.  (1) A person who is required by this act to report

 2    an instance of suspected child abuse or neglect and who fails to

 3    do so is civilly liable for the damages proximately caused by the

 4    failure.

 5         (2) A person who is required by this act to report an

 6    instance of suspected child abuse or neglect and who knowingly

 7    fails to do so is guilty of a CRIME AS FOLLOWS:

 8         (A) EXCEPT AS PROVIDED IN SUBDIVISION (B), A misdemeanor

 9    punishable by imprisonment for not more than 93 days or a fine of

10    not more than  $100.00  $500.00, or both.




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 1         (B) FOR A SECOND OR SUBSEQUENT VIOLATION OF THIS SUBSECTION,

 2    A FELONY PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 4 YEARS OR

 3    A FINE OF NOT MORE THAN $2,000.00, OR BOTH.

 4         (3) Except as provided in section 7, a person who dissemi-

 5    nates, or who permits or encourages the dissemination of, infor-

 6    mation contained in the central registry and in reports and

 7    records made pursuant to this act is guilty of a misdemeanor pun-

 8    ishable by imprisonment for not more than 93 days or a fine of

 9    not more than $100.00, or both, and is civilly liable for the

10    damages proximately caused by the dissemination.

11         (4) A person who willfully maintains a report or record

12    required to be expunged under section 7 is guilty of a misde-

13    meanor punishable by imprisonment for not more than 93 days or a

14    fine of not more than $100.00, or both.

15         (5) A person who intentionally makes a false report of child

16    abuse or neglect under this act knowing that the report is false

17    is guilty of a crime as follows:

18         (a) If the child abuse or neglect reported would not consti-

19    tute a crime or would constitute a misdemeanor if the report were

20    true, the person is guilty of a misdemeanor punishable by impris-

21    onment for not more than 93 days or a fine of not more than

22    $100.00, or both.

23         (b) If the child abuse or neglect reported would constitute

24    a felony if the report were true, the person is guilty of a

25    felony punishable by the lesser of the following:

26         (i) The penalty for the child abuse or neglect falsely

27    reported.



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 1         (ii) Imprisonment for not more than 4 years or a fine of
             not

 2    more than $2,000.00, or both.




















































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