Bill Text: MI HB4599 | 2019-2020 | 100th Legislature | Introduced

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Bill Title: Crimes; other; summoning law enforcement to residence through intentional false report of a serious law enforcement emergency; prohibit, and provide penalties. Amends sec. 411a of 1931 PA 328 (MCL 750.411a).

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Introduced - Dead) 2019-05-16 - Bill Electronically Reproduced 05/16/2019 [HB4599 Detail]

Download: Michigan-2019-HB4599-Introduced.html

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HOUSE BILL No. 4599

 

 

May 15, 2019, Introduced by Reps. Reilly, LaFave, Cynthia Johnson and Yaroch 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 2012 PA 330.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 411a. (1) Except as otherwise provided in subsections

 

(2), and (3), (5), and (6), 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) Except as provided in subdivisions (b) through (e), 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) Except as provided in subdivisions (c) through (e), 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.

 

     (c) Except as provided in subdivisions (d) and (e), if the

 

false report results in a response to address the reported crime

 

and a person incurs physical injury 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 5 years or a fine of not more than $20,000.00, or

 

both.

 

     (d) If the false report results in a response to address the

 

reported crime and a person incurs serious impairment of a body

 

function 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 $25,000.00, or both.

 

     (e) If the false report results in a response to address the

 

reported crime 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

 

$25,000.00 or more than $50,000.00, 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 person who violates subsection (2) is guilty of a felony

 

punishable as follows:

 

     (a) Subject to subsection (1)(c) through (e), 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) Subject to subsection (1)(d) and (e), 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 or intentionally

 

cause to be made 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) through (d), 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) Except as provided in subdivisions (c) and (d), if the

 

false report results in a response to address the reported medical

 

or other emergency and a person incurs physical injury 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 5 years or a fine of

 

not more than $20,000.00, or both.

 

     (c) If the false report results in a response to address the

 

reported medical or other emergency and a person incurs serious

 

impairment of a body function 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 $25,000.00,

 

or both.

 

     (d) If the false report results in a response to address the

 

reported crime 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 $25,000.00 or more than $50,000.00, or both.

 

     (5) A person who intentionally makes a false report of a

 

serious law enforcement emergency, or intentionally causes a false

 

report of a serious law enforcement emergency 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 serious law enforcement emergency, to which all of the

following apply is guilty of a felony punishable by imprisonment

 

for life or any term of years:

 

     (a) The report alleges that the serious law enforcement

 

emergency is taking place at a specific residence in this state.

 

     (b) The person making or causing the report of the serious law

 

enforcement emergency to be made knows the report is false.

 

     (c) The report of the serious law enforcement emergency is

 

made with the intent of summoning the response of armed law

 

enforcement officers to the specific residence.

 

     (6) If a violation of subsection (5) results in a law

 

enforcement response to a residence and a person is killed at that

 

residence as a proximate result arising out of that response, the

 

person responsible for the report is guilty of a felony and shall

 

be punished by imprisonment for life without eligibility for

 

parole.

 

     (7) Subsections (5) and (6) do not affect or limit any

 

possible criminal or civil liability of a law enforcement officer

 

who causes the death of or maims an individual because of a

 

violation of subsection (5) or (6).

 

     (8) (5) 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, fire, medical, or

 

other emergency response vehicles and teams, 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.

 

     (9) (6) If the person ordered to pay costs under subsection

(5) (8) 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 must 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

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.

 

     (10) (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.

 

     (11) (8) A violation or attempted violation of this section

 

may be prosecuted in any jurisdiction in which the communication

 

originated or terminated.

 

     (12) (9) 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) "Serious impairment of a body function" means that term as

 

defined in section 395.

 

     (d) "Serious law enforcement emergency" means a situation in

 

which a law enforcement officer or agency would have reasonable

 

expectation of encountering armed resistance, including, but not

 

limited to, an active shooter, barricaded gunman, or hostage

 

situation.

 

     (e) (d) "State" includes, but is not limited to, a state

institution of higher education.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.