Act No. 360

Public Acts of 2012

Approved by the Governor

December 13, 2012

Filed with the Secretary of State

December 14, 2012

EFFECTIVE DATE: April 1, 2013

STATE OF MICHIGAN

96TH LEGISLATURE

REGULAR SESSION OF 2012

Introduced by Senator Schuitmaker

ENROLLED SENATE BILL No. 688

AN ACT to amend 1931 PA 328, entitled “An act to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at criminal trials; to provide for liability for damages; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,” by amending section 423 (MCL 750.423).

The People of the State of Michigan enact:

Sec. 423. (1) Any person authorized by a statute of this state to take an oath, or any person of whom an oath is required by law, who willfully swears falsely in regard to any matter or thing respecting which the oath is authorized or required is guilty of perjury, a felony punishable by imprisonment for not more than 15 years.

(2) Subsection (1) applies to a person who willfully makes a false declaration in a record that is signed by the person and given under penalty of perjury. As used in this subsection:

(a) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(b) “Signed” means the person did either of the following to authenticate or adopt the record:

(i) Executed or adopted a tangible symbol.

(ii) Attached to or logically associated with the record an electronic symbol, sound, or process.

Enacting section 1. This amendatory act takes effect April 1, 2013.

Enacting section 2. This amendatory act does not take effect unless Senate Bill No. 689 of the 96th Legislature is enacted into law.

Secretary of the Senate

Clerk of the House of Representatives

Approved

Governor