HOUSE BILL No. 5009


     July 10, 2001, Introduced by Reps. Middaugh, Richardville, Vander Veen, Toy, Hart, Caul, Birkholz, Howell, Jelinek and Patterson and referred to
the Committee on Family and Children Services.


        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:

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

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

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

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      failure.

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

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      instance of suspected child abuse or neglect and who knowingly

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      fails to do so is guilty of a misdemeanor punishable by imprison-

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      ment for not more than  93  180 days or a fine of not more than

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       $100.00  $500.00, or both.

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

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      disseminates, or who permits or encourages the dissemination of,


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      information contained in the central registry and in reports and

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      records made  pursuant to  AS PROVIDED IN this act is guilty of a

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      misdemeanor punishable by imprisonment for not more than 93 days

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      or a fine of not more than $100.00, or both, and is civilly

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      liable for the damages proximately caused by the dissemination.

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

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

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

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      fine of not more than $100.00, or both.

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

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

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      is guilty of a crime as follows:

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

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

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

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

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      $100.00, or both.

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

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

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      felony punishable by the lesser of the following:

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

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      reported.

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

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      more than $2,000.00, or both.









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