House Bill 5503

Sponsor: Rep. Alan Sanborn

Committee: Criminal Law and Corrections

Complete to 5-19-00

A SUMMARY OF HOUSE BILL 5503 AS INTRODUCED 3-9-00

Under the Penal Code, it is a misdemeanor to falsely act as a sheriff, deputy sheriff, conservation officer, coroner, constable, police officer, or member of the Michigan State Police. The provision prohibits a person from falsely assuming or pretending to be an officer, from taking upon himself or herself to act as such, from requiring another person to aid and assist him or her in any matter pertaining to the duty of an officer, and from falsely taking upon himself or herself to act or officiate in any office or place of authority. The violation is punishable by imprisonment for up to one year or by a fine of up to $500.

House Bill 5503 would rewrite this provision. The bill would prohibit a person who is not a peace officer or medical examiner from performing the duties of those positions without authorization or from representing to another person that he or he is a peace officer or medical examiner for any unlawful purpose. This offense would be a misdemeanor, punishable by imprisonment for up to one year, a fine of up to $500, or both.

Further, a person who violated the bill and performed the duties of a peace officer to commit or attempt to commit a felony, or represented to another person that he or she was a peace officer to commit or attempt to commit a felony, would be guilty of a felony punishable by imprisonment for up to four years, a fine of up to $2,000, or both. A sentence imposed under this provision would have to be served consecutively to any term of imprisonment imposed for the associated felony, and could not be suspended.

A "peace officer" would be defined to include: a state or local police officer; a police officer of a junior college, college or university who is authorized to enforce state law and the rules and ordinances of the college or university; a conservation officer of the Department of Natural Resources or the Department of Environmental Quality; and a conservation officer of the federal Department of the Interior.

MCL 750.215

Analyst: D. Martens

This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.