HOUSE BILL No. 4592


     April 27, 1999, Introduced by Reps. Julian, Tabor, Garcia, Green, DeWeese, Toy, Patterson, Richardville, DeRossett and Faunce and referred to the Committee on Criminal Law and Corrections.


        A bill to amend 1941 PA 207, entitled

   "Fire prevention code,"

   by amending section 7 (MCL 29.7).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 7.  (1) If the state fire marshal has reason to believe

 2    that a crime or other offense has been committed in connection

 3    with a fire, the state fire marshal may conduct an inquiry with

 4    relation to the fire.  The inquiry shall be held at the time and

 5    place  as  the state fire marshal  determines  DIRECTS and  the

 6     inquiry  may be continued from time to time and to the place  or

 7     places as  the state fire marshal directs.

 8         (2) The state fire marshal may issue subpoenas to compel the

 9    attendance of witnesses to testify at the inquiry and for the

10    production of books, records, papers, documents,  and  OR other

11    writings or things considered material to the inquiry, may


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 1    administer oaths or affirmations to witnesses, and may cause

 2    testimony to be taken stenographically and transcribed and

 3    preserved.  Wilful  WILLFUL false swearing by a witness  shall

 4     be considered  IS perjury.

 5         (3) If a subpoena is disobeyed, the state fire marshal may

 6    invoke the aid of the circuit court  of this state  in requiring

 7    the attendance and testimony of witnesses and the production of

 8    books, records, papers,  and  documents, OR OTHER WRITINGS OR

 9    THINGS CONSIDERED MATERIAL TO THE INQUIRY.  A judge of the cir-

10    cuit court  of this state  having jurisdiction in the county in

11    which the inquiry is  carried on, in case of contumacy or refusal

12     to obey a subpoena,  CONDUCTED may issue an order requiring the

13    person to appear before the state fire marshal and to produce

14    books, records, PAPERS, documents,  and papers if so ordered  OR

15    OTHER WRITINGS OR THINGS CONSIDERED MATERIAL TO THE INQUIRY and

16    give evidence  touching  CONCERNING the matter in question.  ;

17     and failure  FAILURE to obey the COURT'S order  of the court  may

18    be punished  by the court  as  a  contempt of the court.

19         (4) A person shall not be excused from testifying or from

20    producing books,  papers,  records,  or memoranda  PAPERS, DOCU-

21    MENTS, OR OTHER WRITINGS OR THINGS CONSIDERED MATERIAL TO THE

22    INQUIRY in an investigation  ,  or  upon  AT a hearing  ,  when

23    ordered to do so by the state fire marshal  , upon  ON the ground

24    that the testimony or evidence  , documentary or otherwise,  may

25    tend to incriminate the person or subject the person to a crimi-

26    nal penalty.  ; but a person shall not be prosecuted or subjected

27     to a criminal penalty for, or on account of, a transaction made



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 1    or thing concerning which the person may testify or produce

 2     evidence, documentary or otherwise, before the state fire

 3     marshal.  A person so testifying shall not be exempt from prose-

 4     cution and punishment for perjury committed in testifying. 

 5    TESTIMONY, EVIDENCE, OR OTHER INFORMATION COMPELLED UNDER THIS

 6    SECTION AND ANY INFORMATION DERIVED DIRECTLY OR INDIRECTLY FROM

 7    THAT TESTIMONY, EVIDENCE, OR OTHER INFORMATION SHALL NOT BE USED

 8    AGAINST THE WITNESS IN A CRIMINAL CASE, EXCEPT FOR IMPEACHMENT

 9    PURPOSES OR IN A PROSECUTION FOR PERJURY, MAKING A FALSE STATE-

10    MENT, OR OTHERWISE FAILING TO TESTIFY OR PRODUCE EVIDENCE AS

11    REQUIRED.

12         Enacting section 1.  This amendatory act does not take

13    effect unless Senate Bill No. _____ or House Bill No. _____

14    (request no. 02409'99) of the 90th Legislature is enacted into

15    law.



























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