Bill Text: MI HB5050 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Law enforcement; investigations; providing false information to peace officer conducting criminal investigation; prohibit, and provide penalties. Amends 1931 PA 328 (MCL 750.1 - 750.568) by adding sec. 479c.
Spectrum: Slight Partisan Bill (Republican 5-2)
Status: (Passed) 2012-04-24 - Assigned Pa 104'12 With Immediate Effect [HB5050 Detail]
Download: Michigan-2011-HB5050-Introduced.html
HOUSE BILL No. 5050
October 11, 2011, Introduced by Reps. Walsh, Lori, Lyons, Haugh, Heise, Wayne Schmidt and Lane and referred to the Committee on Judiciary.
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) 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, intentionally conceal
from the peace officer any material fact relating to the criminal
investigation.
(b) Intentionally make any statement to the peace officer that
he or she knows is false or misleading regarding a material fact in
that criminal investigation.
(c) Intentionally issue or otherwise provide any writing or
document to the peace officer that he or she 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 misdemeanor
punishable by imprisonment for 1 year or less, 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 felony
punishable by imprisonment for not more than 4 years or a fine of
not more than $5,000.00, or both.
(3) This section does not prohibit an individual from invoking
his or her rights under the fifth amendment to the constitution of
the United States or section 17 of article I of the state
constitution of 1963.
(4) As used in this section, "peace officer" means 1 or more
of the following:
(a) A police officer of this state or a political subdivision
of this state.
(b) A police officer of any entity of the United States.
(c) The sheriff of a county of this state or the sheriff's
deputy.
(d) A public safety officer of a college or university who is
authorized by the governing board of that college or university to
enforce state law and the rules and ordinances of that college or
university.
(e) A conservation officer of the department of natural
resources.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.