August 13, 2003, Introduced by Rep. Woronchak and referred to the Committee on Criminal Justice.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 411a (MCL 750.411a), as amended by 2002 PA
672.
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, or intentionally causes a false report of the
4 commission of a crime to be made, to a member of the Michigan
5 state police, a
sheriff or deputy sheriff, a police officer of a
6 city or village, or
any other peace officer of this state peace
7 officer, police agency of this state or of a local unit of
8 government, 9-1-1 operator, or any other governmental employee or
9 contractor or employee of a contractor who is authorized to
10 receive reports of a crime, knowing the report is false, is
1 guilty of a crime as follows:
2 (a) If the report is a false report of a misdemeanor, the
3 person is guilty of a misdemeanor punishable by imprisonment for
4 not more than 93 days or a fine of not more than $500.00, or
5 both.
6 (b) If the report is a false report of a felony, the person
7 is guilty of a felony punishable by imprisonment for not more
8 than 4 years or a fine of not more than $2,000.00, or both.
9 (2) A person shall not do either of the following:
10 (a) Knowingly make a false report of a violation or attempted
11 violation of chapter
XXXIII or section 327, or 328, 397a, or
12 436 and communicate or cause the communication of the false
13 report to any other person, knowing the report to be false.
14 (b) Threaten to
violate chapter XXXIII or section 327, or
15 328, 397a, or 436 and communicate or cause the communication of
16 the threat to any other person.
17 (3) A person who violates subsection (2) is guilty of a
18 felony punishable as follows:
19 (a) For a first conviction under subsection (2), by
20 imprisonment for not more than 4 years or a fine of not more than
21 $2,000.00, or both.
22 (b) For a second or subsequent conviction under subsection
23 (2), imprisonment for not more than 10 years or a fine of not
24 more than $5,000.00, or both.
25 (4) The court may order a person convicted under subsection
26 (2) to pay to the state or a local unit of government the costs
27 of responding to the false report including, but not limited to,
1 use of police or fire emergency response vehicles and teams.
2 (5) If the person ordered to pay costs under subsection (4)
3 is a juvenile under the jurisdiction of the family division of
4 the circuit court under chapter 10 of the revised judicature act
5 of 1961, 1961 PA 236, MCL 600.1001 to 600.1043, all of the
6 following apply:
7 (a) If the court determines that the juvenile is or will be
8 unable to pay all of the costs ordered, after notice to the
9 juvenile's parent or parents and an opportunity for the parent or
10 parents to be heard, the court may order the parent or parents
11 having supervisory responsibility for the juvenile, at the time
12 of the acts upon which the order is based, to pay any portion of
13 the costs ordered that is outstanding. An order under this
14 subsection does not relieve the juvenile of his or her obligation
15 to pay the costs as ordered, but the amount owed by the juvenile
16 shall be offset by any amount paid by his or her parent. As used
17 in this subsection, "parent" does not include a foster parent.
18 (b) If the court orders a parent to pay costs under
19 subdivision (a), the court shall take into account the financial
20 resources of the parent and the burden that the payment of the
21 costs will impose, with due regard to any other moral or legal
22 financial obligations that the parent may have. If a parent is
23 required to pay the costs under subdivision (a), the court shall
24 provide for payment to be made in specified installments and
25 within a specified period of time.
26 (c) A parent who has been ordered to pay the costs under
27 subdivision (a) may petition the court for a modification of the
1 amount of the costs owed by the parent or for a cancellation of
2 any unpaid portion of the parent's obligation. The court shall
3 cancel all or part of the parent's obligation due if the court
4 determines that payment of the amount due will impose a manifest
5 hardship on the parent.
6 (6) As used in this section:
7 (a) "Local unit of government" means:
8 (i) A city, village, township, or county.
9 (ii) A local or intermediate school district.
10 (iii) A public school academy.
11 (iv) A community college.
12 (b) "State" includes a state institution of higher
13 education.