HOUSE BILL No. 4261


     February 11, 1999, Introduced by Reps. Green, Julian, Tabor, Middaugh, Jelinek, Law, Sanborn, Mans, Kukuk, Toy and Van Woerkom and referred to the Committee on Criminal Law and Corrections.


        A bill to amend 1931 PA 328, entitled

   "The Michigan penal code,"

   (MCL 750.1 to 750.568) by adding section 479c.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         SEC. 479C.  (1) AN INDIVIDUAL SHALL NOT DO ANY OF THE

 2    FOLLOWING:

 3         (A) MISREPRESENT HIS OR HER IDENTITY TO A PEACE OFFICER WHO

 4    HAS LAWFULLY REQUESTED INFORMATION REGARDING HIS OR HER IDENTITY

 5    UNDER CIRCUMSTANCES IN WHICH THE INDIVIDUAL IS REQUIRED TO

 6    PRODUCE THAT INFORMATION.

 7         (B) FALSELY INFORM A PEACE OFFICER WHO LAWFULLY REQUESTS TO

 8    SEE MATERIAL IDENTIFYING THAT INDIVIDUAL THAT HE OR SHE DOES NOT

 9    HAVE THAT MATERIAL IN HIS OR HER POSSESSION UNDER CIRCUMSTANCES

10    IN WHICH THE INDIVIDUAL IS REQUIRED TO PRODUCE THAT MATERIAL.




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 1         (C) INTENTIONALLY FAIL TO PROVIDE MATERIAL IDENTIFYING THAT

 2    INDIVIDUAL UPON LAWFUL REQUEST BY A PEACE OFFICER UNDER

 3    CIRCUMSTANCES IN WHICH THE INDIVIDUAL IS REQUIRED TO PRODUCE THAT

 4    MATERIAL.

 5         (2) AN INDIVIDUAL WHO VIOLATES THIS SECTION IS GUILTY OF A

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

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

 8         (3) AS USED IN THIS SECTION, "PEACE OFFICER" MEANS ANY OF

 9    THE FOLLOWING:

10         (A) A POLICE OFFICER OF THIS STATE OR A POLITICAL SUBDIVI-

11    SION OF THIS STATE.

12         (B) A COUNTY SHERIFF OR HIS HER DEPUTY.

13         (C) A CONSERVATION OFFICER OF THIS STATE.

14         (D) A POLICE OFFICER OF A COMMUNITY COLLEGE, COLLEGE, OR

15    UNIVERSITY WHO IS AUTHORIZED BY THAT COMMUNITY COLLEGE, COLLEGE,

16    OR UNIVERSITY TO ENFORCE THE CRIMINAL LAWS OF THIS STATE.

























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