Crimes; other; certain false crime reports; revise penalties for
   and provide for recovery of response costs.

   CRIMES:  Other; CRIMES:  Explosives






















        A bill to amend 1931 PA 328, entitled

   "The Michigan penal code,"

   by amending section 411a (MCL 750.411a), as amended by 1996 PA

   303.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 411a.  (1) Except as provided in subsection (2), a

 2    person who intentionally makes a false report of the commission

 3    of a crime to a member of the Michigan state police, a sheriff or

 4    deputy sheriff, a police officer of a city or village, or any

 5    other peace officer of this state knowing the report is false is

 6    guilty of a crime as follows:

 7         (a) If the report is a false report of a misdemeanor, the

 8    person is guilty of a misdemeanor punishable by imprisonment for

 9    not more than 93 days or a fine of not more than $100.00, or

10    both.


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 1         (b) If the report is a false report of a felony, the person

 2    is guilty of a felony punishable by  the lesser of the

 3     following:  (i) The penalty for the felony falsely
                       reported.

 4     (ii) Imprisonment  IMPRISONMENT for not more
                       than 4 years or a

 5    fine of not more than $2,000.00, or both.

 6         (2) If the false report of a crime relates to a bombing,

 7    attempted bombing, or threat to bomb and the report is intention-

 8    ally communicated to  an individual described in subsection
             (1)

 9     or to  any  other  person knowing
                       the report is false, the person

10    making the false report is guilty of a  crime 
             FELONY punishable

11     by the lesser of the following  AS FOLLOWS:

12          (a) The penalty for the bombing, attempted bombing, or

13     threat to bomb falsely reported. 

14         (A)  (b) Imprisonment  FOR A FIRST CONVICTION
             UNDER THIS

15    SUBSECTION, BY IMPRISONMENT for not more than 4 years or a fine

16    of not more than $2,000.00, or both.

17         (B) FOR A SECOND OR SUBSEQUENT CONVICTION UNDER THIS SUBSEC-

18    TION, IMPRISONMENT FOR NOT MORE THAN 10 YEARS OR A FINE OF NOT

19    MORE THAN $5,000.00, OR BOTH.

20         (3) THE COURT MAY ORDER A PERSON CONVICTED UNDER THIS SEC-

21    TION TO PAY TO THE LOCAL UNIT OF GOVERNMENT THE COSTS OF RESPOND-

22    ING TO THE FALSE REPORT INCLUDING, BUT NOT LIMITED TO, USE OF

23    POLICE OR FIRE EMERGENCY RESPONSE VEHICLES AND TEAMS.  THE COURT

24    SHALL NOT ORDER A PERSON TO PAY COSTS OF MORE THAN $2,500.00

25    UNDER THIS SUBSECTION.







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