April 29, 2003, Introduced by Reps. Wojno, Nofs, Bieda, Accavitti, Gieleghem, Spade, Tobocman, Law, Pastor, Minore and Gleason and referred to the Committee on Criminal Justice.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
(MCL 750.1 to 750.568) by adding section 492b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 492b. (1) A person shall not knowingly use a public
2 record, or knowingly use information obtainable only through a
3 public record, to commit or attempt to commit a crime. A person
4 who violates this subsection is guilty as follows:
5 (a) If the crime committed is a misdemeanor, the person is
6 guilty of a misdemeanor punishable by imprisonment for not more
7 than 93 days or a fine of not more than $500.00, or both.
8 (b) If the crime committed is a felony, the person is guilty
9 of a felony punishable by imprisonment for not more than 5 years
10 or a fine of not more than $10,000.00, or both.
11 (2) A criminal penalty provided for under this section may be
1 imposed in addition to any penalty that may be imposed for any
2 other criminal offense arising from the same conduct or for any
3 contempt of court arising from the same conduct.
4 (3) As used in this section:
5 (a) "Person" means an individual, partnership, corporation,
6 association, governmental entity, or other legal entity.
7 (b) "Public record" means that term as defined in section 2
8 of the freedom of information act, 1976 PA 442, MCL 15.232.