HB-5431, As Passed House, May 22, 2012
February 23, 2012, Introduced by Reps. Heise and Hughes and referred to the Committee on Judiciary.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 411a (MCL 750.411a), as amended by 2004 PA 104.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
411a. (1) Except as provided in subsection subsections
(2) and (4), a person who intentionally makes a false report of the
commission of a crime, or intentionally causes a false report of
the commission of a crime to be made, to a peace officer, police
agency of this state or of a local unit of government, 9-1-1
operator, or any other governmental employee or contractor or
employee of a contractor who is authorized to receive reports of a
crime, knowing the report is false, is guilty of a crime as
follows:
(a) If the report is a false report of a 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, or both.
(b) If the report is a false report of a felony, the person is
guilty of a felony punishable by imprisonment for not more than 4
years or a fine of not more than $2,000.00, or both.
(2) A person shall not do either of the following:
(a) Knowingly make a false report of a violation or attempted
violation of chapter XXXIII or section 327, 328, 397a, or 436 and
communicate or cause the communication of the false report to any
other person, knowing the report to be false.
(b) Threaten to violate chapter XXXIII or section 327, 328,
397a, or 436 and communicate or cause the communication of the
threat to any other person.
(3)
A Except as provided in
subsection (4), a person who
violates subsection (2) is guilty of a felony punishable as
follows:
(a) For a first conviction under subsection (2), by
imprisonment for not more than 4 years or a fine of not more than
$2,000.00, or both.
(b) For a second or subsequent conviction under subsection
(2), imprisonment for not more than 10 years or a fine of not more
than $5,000.00, or both.
(4) A person shall not intentionally make a false report of a
medical or other emergency to a peace officer, police agency of
this state or of a local unit of government, firefighter or fire
department of this state or a local unit of government of this
state, 9-1-1 operator, medical first responder, or any governmental
employee or contractor or employee of a contractor who is
authorized to receive reports of medical or other emergencies. A
person who violates this subsection is guilty of a crime as
follows:
(a) Except as provided in subdivisions (b) and (c), the person
is guilty of a felony punishable by imprisonment for not more than
4 years or a fine of not more than $2,000.00, or both.
(b) If the false report results in a response to address the
reported medical or other emergency and a person is physically
injured as a proximate result of lawful conduct arising out of that
response, the person responsible for the false report is guilty of
a felony punishable by imprisonment for not more than 10 years or a
fine of not more than $10,000.00, or both.
(c) If the false report results in a response to address the
reported medical or other emergency and a person is killed as a
proximate result of lawful conduct arising out of that response,
the person responsible for the false report is guilty of a felony
punishable by imprisonment for not more than 15 years or a fine of
not less than $5,000.00 or more than $10,000.00, or both.
(5) (4)
The court may order a person
convicted under
subsection (2) or (4) to pay to the state or a local unit of
government the costs of responding to the false report or threat
including,
but not limited to, use of police, or fire, medical, or
other
emergency response vehicles and teams, pursuant
to under
section 1f of chapter IX of the code of criminal procedure, 1927 PA
175, MCL 769.1f, unless otherwise expressly provided for in this
section.
(6) (5)
If the person ordered to pay costs
under subsection
(4)
(5) is a juvenile under the jurisdiction of the family
division
of the circuit court under chapter 10 of the revised judicature act
of 1961, 1961 PA 236, MCL 600.1001 to 600.1043, all of the
following apply:
(a) If the court determines that the juvenile is or will be
unable to pay all of the costs ordered, after notice to the
juvenile's parent or parents and an opportunity for the parent or
parents to be heard, the court may order the parent or parents
having supervisory responsibility for the juvenile, at the time of
the acts upon which the order is based, to pay any portion of the
costs ordered that is outstanding. An order under this subsection
does not relieve the juvenile of his or her obligation to pay the
costs as ordered, but the amount owed by the juvenile shall be
offset by any amount paid by his or her parent. As used in this
subsection, "parent" does not include a foster parent.
(b) If the court orders a parent to pay costs under
subdivision (a), the court shall take into account the financial
resources of the parent and the burden that the payment of the
costs will impose, with due regard to any other moral or legal
financial obligations that the parent may have. If a parent is
required to pay the costs under subdivision (a), the court shall
provide for payment to be made in specified installments and within
a specified period of time.
(c) A parent who has been ordered to pay the costs under
subdivision (a) may petition the court for a modification of the
amount of the costs owed by the parent or for a cancellation of any
unpaid portion of the parent's obligation. The court shall cancel
House Bill No. 5431 as amended May 17, 2012
all or part of the parent's obligation due if the court determines
that payment of the amount due will impose a manifest hardship on
the parent.
[(7) A violation or attempted violation of this section occurs if the communication of the false report originates in this state, is intended to terminate in this state, or is intended to terminate with a person who is in this state.
(8) A violation or attempted violation of this section may be prosecuted in any jurisdiction in which the communication originated or terminated.
(9)] (6)
As used in this section:
(a) "Local unit of government" means:
(i) A city, village, township, or county.
(ii) A local or intermediate school district.
(iii) A public school academy.
(iv) A community college.
(b) "Medical first responder" means that term as defined in
section 20906 of the public health code, 1978 PA 368, MCL
333.20906.
(c) (b)
"State" includes, but is
not limited to, a state
institution of higher education.
Enacting section 1. This amendatory act takes effect July 1,
2012.