HB-5050, As Passed House, February 8, 2012

SUBSTITUTE FOR

HOUSE BILL NO. 5050

     A bill to amend 1931 PA 328, entitled

"The Michigan penal code,"

(MCL 750.1 to 750.568) by adding section 479c.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 479c. (1) Except as provided in this section, a person

who is informed by a peace officer that he or she is conducting a

criminal investigation shall not do any of the following:

     (a) By any trick, scheme, or device, knowingly and willfully

conceal from the peace officer any material fact relating to the

criminal investigation.

     (b) Knowingly and willfully make any statement to the peace

officer that the person knows is false or misleading regarding a

material fact in that criminal investigation.

     (c) Knowingly and willfully issue or otherwise provide any

writing or document to the peace officer that the person knows is

false or misleading regarding a material fact in that criminal

investigation.

     (2) A person who violates this section is guilty of a crime as

follows:

     (a) If the crime being investigated is a serious misdemeanor,

the person is guilty of a misdemeanor punishable by imprisonment

for not more than 93 days or a fine of not more than $500.00.

     (b) If the crime being investigated is a misdemeanor

punishable by imprisonment for more than 1 year or is a felony

punishable by imprisonment for less than 4 years, the person is

guilty of a misdemeanor punishable by imprisonment for not more

than 1 year or a fine of not more than $2,500.00, or both.

     (c) If the crime being investigated is a felony punishable by

imprisonment for 4 years or more, the person is guilty of a

misdemeanor punishable by imprisonment for not more than 2 years or

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

     (3) This section does not apply to either of the following:

     (a) Any statement made or action taken by an alleged victim of

the crime being investigated by the peace officer.

     (b) A person who was acting under duress or out of a

reasonable fear of physical harm to himself or herself or another

person from a spouse or former spouse, a person with whom he or she

has or has had a dating relationship, a person with whom he or she

has had a child in common, or a resident or former resident of his

or her household.

     (4) This section does not prohibit a person from doing either

of the following:

     (a) Invoking the person's rights under the Fifth Amendment of

the constitution of the United States or section 17 of article I of

the state constitution of 1963.

     (b) Declining to speak to or otherwise communicate with a

peace officer concerning the criminal investigation.

     (5) As used in this section:

     (a) "Dating relationship" means frequent, intimate

associations primarily characterized by the expectation of

affectional involvement. This term does not include a casual

relationship or an ordinary fraternization between 2 persons in a

business or social context.

     (b) "Peace officer" means any of the following:

     (i) A sheriff or deputy sheriff of a county of this state.

     (ii) An officer of the police department of a city, village, or

township of this state.

     (iii) A marshal of a city, village, or township of this state.

     (iv) A constable of any local unit of government of this state.

     (v) An officer of the Michigan state police.

     (vi) A conservation officer of this state.

     (vii) A security employee employed by the state under section

6c of 1935 PA 59, MCL 28.6c.

     (viii) A motor carrier officer appointed under section 6d of

1935 PA 59, MCL 28.6d.

     (ix) A police officer or public safety officer of a community

college, college, or university within this state who is authorized

by the governing board of that community college, college, or

university to enforce state law and the rules and ordinances of

that community college, college, or university.

     (x) A park and recreation officer commissioned under section

1606 of the natural resources and environmental protection act,

1994 PA 451, MCL 324.1606.

     (xi) A state forest officer commissioned under section 83107 of

the natural resources and environmental protection act, 1994 PA

451, MCL 324.83107.

     (xii) An investigator of the state department of attorney

general.

     (c) "Serious misdemeanor" means that term as defined in

section 61 of the William Van Regenmorter crime victim's rights

act, 1985 PA 87, MCL 780.811.

     Enacting section 1. This amendatory act takes effect 90 days

after the date this amendatory act is enacted into law.