April 25, 2006, Introduced by Reps. Ball, Brown, Acciavatti, Jones and Marleau and referred to the Committee on Government Operations.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 491 (MCL 750.491).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 491. (1) All official books, papers, or records created
by or received in any office or agency of the state of Michigan or
its political subdivisions, including any books, papers, or records
created, generated, sent, communicated, received, or stored by
electronic
means, are declared to be public
property, belonging
and belong to the people of the state of Michigan. All books,
papers, or
records shall be disposed of only as provided in
section
13c of Act No. 51 of the Public Acts of the First Extra
Session
of 1948, as added, being section 18.13c of the Compiled
Laws
of 1948, section 5 of Act No. 271 of the Public Acts of 1913,
as
amended, being section 399.5 of the Compiled Laws of 1948 and
sections
2137 and 2138 of Act No. 236 of the Public Acts of 1961,
being
sections 600.2137 and 600.2138 of the Compiled Laws of 1948
sections 201, 285, 287, and 289 of the management and budget act,
1984 PA 431, MCL 18.1201, 18.1285, 18.1287, and 18.1289, section 5
of 1913 PA 271, MCL 399.5, and sections 2137 and 2138 of the
revised judicature act of 1961, 1961 PA 236, MCL 600.2137 and
600.2138.
(2) Any
person who shall wilfully carry away, mutilate or
destroy
any of such willfully
carries away, mutilates, or destroys
any
official books, papers, records, or
any part of the same, and
any
person who shall retain and continue or who retains or
continues to hold the possession of any official books, papers, or
records,
or parts thereof of the same, belonging to
the
aforesaid
offices and shall refuse state
and refuses to deliver up
such
those books, papers, records, or parts thereof of the same
to
the proper requesting officer having charge of the office to
which
such those books, papers, or records belong, upon demand
being
made by such officer or, in cases of a defunct office, the
Michigan
historical commission, shall be is guilty of a
misdemeanor ,
punishable by imprisonment in the
state prison for
not more than 2 years or by a fine of not more than $1,000.00.