Senate Introduced Bill 470























SENATE BILL NO. 470


   March 24, 1999, Introduced by Senators JOHNSON, ROGERS and
        HAMMERSTROM and referred to the Committee on Judiciary.



        A bill to amend 1931 PA 328, entitled

   "The Michigan penal code,"

   by amending sections 125, 157, 446, 453, and 461 (MCL 750.125,

   750.157, 750.446, 750.453, and 750.461); and to repeal acts and

   parts of acts.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 125.  (1)  Bribery of agents, servants, etc., and

 2     deception of their principals, etc.--It shall be unlawful
                       for

 3     any  A person  to  SHALL NOT give,
                       offer, or promise  to an

 4     agent, employe or servant of another or any other person,
                       any  A

 5    commission, gift, or gratuity  whatever,  TO AN
             AGENT, EMPLOYEE,

 6    OR OTHER PERSON or DO OR OFFER to do an act beneficial to 
             such 

 7    AN agent,  employe or servant or another  EMPLOYEE,
             OR OTHER

 8    PERSON with intent to influence the action of  such
              THE agent  ,

 9     employe or servant  OR EMPLOYEE in relation to his
                       OR HER


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                                   2

 1    principal's  ,  OR employer's  or master's
              business.  ; or for

 2     an 

 3         (2) AN agent  , employe or servant to  OR
             EMPLOYEE SHALL NOT

 4    request or accept  for himself or another any  A
             commission,

 5    gift, or gratuity, or A promise  to make any  OF A
             commission,

 6    gift, or gratuity,  to himself  FOR THE AGENT,
             EMPLOYEE, or

 7    another PERSON or the doing of an act OR OFFER OF AN ACT benefi-

 8    cial to  himself  THE AGENT, EMPLOYEE, or another
              ,  PERSON

 9    according to  any  AN agreement or understanding
             between  him 

10    THE AGENT OR EMPLOYEE and any other person  to the effect
              that

11     he  THE AGENT OR EMPLOYEE shall act in 
             any  A particular manner

12    in relation to his OR HER principal's  ,  OR
             employer's  or

13     master's  business.  It shall be unlawful
                       for any 

14         (3) A person  to  SHALL NOT use or  to
              give to an agent,

15     employe or servant or another, or for any 
             EMPLOYEE, OR OTHER

16    PERSON, AND AN agent  , employe or servant, to  OR
             EMPLOYEE SHALL

17    NOT use, approve, or certify, with intent to deceive the princi-

18    pal  ,  OR employer,  or master, any
              A receipt, account,

19    invoice, or other document  in respect of 
             CONCERNING which the

20    principal  ,  OR employer  or master
              is interested  , which 

21    THAT contains  any  A statement  which
              THAT is MATERIALLY false,

22    erroneous, or defective  in any material particular
              or  which 

23    omits to state fully  the fact of  any commission,
             money,

24    property, or other valuable thing  having been 
             given or agreed

25    to be given to  such  THE agent  , employe
             or servant  OR

26    EMPLOYEE.





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 1         (4) Evidence  shall  IS not  be
              admissible in any

 2    proceeding or prosecution under this section to show that a gift

 3    or acceptance of  any  A commission, money,
             property, or other

 4    valuable thing  as is mentioned  DESCRIBED in this
             section is

 5    customary in  any  A business, trade, or calling.
              , nor shall

 6     the  THE customary nature of  such
                        A transaction  be any  IS NOT

 7    A defense in  any such  A proceeding or prosecution
             UNDER THIS

 8    SECTION.

 9         (5) In  any  A proceeding or prosecution under
             this section,

10     no  A person shall NOT be excused from attending
             and testifying

11    or from producing documentary evidence  in obedience
              PURSUANT to

12     the  A subpoena  of the court  on
             the ground  or for the reason 

13    that the testimony or evidence  , documentary or otherwise,

14     required of him  may tend to  criminate
                        INCRIMINATE him OR HER

15    or subject him OR HER to a penalty or forfeiture.  TESTIMONY,

16    EVIDENCE, OR OTHER INFORMATION COMPELLED UNDER THIS SECTION AND

17    ANY INFORMATION DERIVED DIRECTLY OR INDIRECTLY FROM THAT TESTIMO-

18    NY, EVIDENCE, OR OTHER INFORMATION SHALL NOT BE USED AGAINST THE

19    WITNESS IN A CRIMINAL CASE, EXCEPT FOR IMPEACHMENT PURPOSES OR IN

20    A PROSECUTION FOR PERJURY OR OTHERWISE FAILING TO TESTIFY OR

21    PRODUCE EVIDENCE AS REQUIRED.  But no natural person shall
             be

22     prosecuted or subjected to any penalty or forfeiture for or
                       on

23     account of any transaction, matter or thing concerning which
                       he

24     may testify when compelled to do so over his objection, or

25     produce evidence, documentary or otherwise, in obedience to
                       the

26     subpoena:  Provided, That no natural person so testifying
                       shall





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 1    be exempt from prosecution and punishment for perjury
             committed

 2     in so testifying.

 3          The first person committing an offense within the
                       purview of

 4     this section who shall report the facts, under oath, to the
                       pros-

 5     ecuting attorney of the county where the offense is triable
                       and

 6     who shall give evidence tending to the conviction of any
                       other

 7     person charged with an offense under this section shall be

 8     granted full immunity from prosecution under this section
                       with

 9     respect to the offense reported. 

10         (6)  Any  A person who  shall violate
             any of the provisions

11     of  VIOLATES this section  shall be
                        IS guilty of a misdemeanor

12     ,  punishable by imprisonment  in the
             county jail  for not more

13    than 1 year or  by  a fine of not more than
              500 dollars 

14    $500.00, OR BOTH.

15         Sec. 157.  Incriminating testimony and immunity of
             witness

16     except for perjury--No  A person shall NOT be
                       excused from

17    attending and testifying  ,  or producing any
             books, papers, or

18    other documents before  any  A court or magistrate
              ,  upon  any

19    AN investigation, proceeding, or trial  ,  for a
             violation  of

20     any of the provisions  of this chapter  ,
                       upon  ON the ground  or

21     for the reason  that the testimony or evidence
                        , documentary or

22     otherwise, required of him  may tend to degrade or
                       incriminate

23     him; but no person shall be prosecuted or subjected to any
             pen-

24     alty or forfeiture for or on account of any transaction,
                       matter

25     or thing concerning which he may so testify or produce
                       evidence,

26     documentary or otherwise, and no testimony so given or
                       produced

27     shall be received against him upon any criminal
                       investigation,



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                                   5

 1    proceeding or trial:  Provided, That no person so testifying

 2     shall be exempt from prosecution and punishment for perjury
                       com-

 3     mitted in so testifying  THE PERSON.  TESTIMONY,
                       EVIDENCE, OR

 4    OTHER INFORMATION COMPELLED UNDER THIS SECTION AND ANY INFORMA-

 5    TION DERIVED DIRECTLY OR INDIRECTLY FROM THAT TESTIMONY, EVI-

 6    DENCE, OR OTHER INFORMATION SHALL NOT BE USED AGAINST THE WITNESS

 7    IN A CRIMINAL CASE, EXCEPT FOR IMPEACHMENT PURPOSES OR IN A PROS-

 8    ECUTION FOR PERJURY OR OTHERWISE FAILING TO TESTIFY OR PRODUCE

 9    EVIDENCE AS REQUIRED.

10         Sec. 446.  Incriminating testimony and immunity of
             witness

11     except for perjury--No  A person shall NOT be
                       excused from

12    attending and testifying  ,  or producing any
             books, papers, or

13    other documents before  any  A court or magistrate
              ,  upon  any 

14    AN investigation, proceeding, or trial  ,  for a
             violation  of

15     any of the provisions  of this chapter  ,
                       upon  ON the ground  or

16     for the reason  that the testimony or evidence
                        , documentary or

17     otherwise, required of him  may tend to degrade or
                       incriminate

18     him; but no person shall be prosecuted or subjected to any
             pen-

19     alty or forfeiture for or on account of any transaction,
                       matter

20     or thing concerning which he may so testify or produce
                       evidence,

21     documentary or otherwise, and no testimony so given or
                       produced

22     shall be received against him upon any criminal
                       investigation,

23     proceeding or trial:  Provided, That no person so testifying

24     shall be exempt from prosecution and punishment for perjury
                       com-

25     mitted in so testifying  THE PERSON.  TESTIMONY,
                       EVIDENCE, OR

26    OTHER INFORMATION COMPELLED UNDER THIS SECTION AND ANY

27    INFORMATION DERIVED DIRECTLY OR INDIRECTLY FROM THAT TESTIMONY,



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                                   6

 1    EVIDENCE, OR OTHER INFORMATION SHALL NOT BE USED AGAINST THE

 2    WITNESS IN A CRIMINAL CASE, EXCEPT FOR IMPEACHMENT PURPOSES OR IN

 3    A PROSECUTION FOR PERJURY OR OTHERWISE FAILING TO TESTIFY OR

 4    PRODUCE EVIDENCE AS REQUIRED.

 5         Sec. 453.  Incriminating testimony and immunity of
             witness

 6     except for perjury--No  A person shall NOT be
                       excused from

 7    attending and testifying  ,  or producing any
             books, papers, or

 8    other documents before  any  A court or magistrate
              ,  upon  any 

 9    AN investigation, proceeding, or trial  ,  for a
             violation  of

10     any of the provisions  of this chapter  ,
                       upon  ON the ground  or

11     for the reason  that the testimony or evidence
                        , documentary or

12     otherwise, required of him  may tend to degrade or
                       incriminate

13     him; but no person shall be prosecuted or subjected to any
             pen-

14     alty or forfeiture for or on account of any transaction,
                       matter

15     or thing concerning which he may so testify or produce
                       evidence,

16     documentary or otherwise, and no testimony so given or
                       produced

17     shall be received against him upon any criminal
                       investigation,

18     proceeding or trial:  Provided, That no person so testifying

19     shall be exempt from prosecution and punishment for perjury
                       com-

20     mitted in so testifying  THE PERSON.  TESTIMONY,
                       EVIDENCE, OR

21    OTHER INFORMATION COMPELLED UNDER THIS SECTION AND ANY INFORMA-

22    TION DERIVED DIRECTLY OR INDIRECTLY FROM THAT TESTIMONY, EVI-

23    DENCE, OR OTHER INFORMATION SHALL NOT BE USED AGAINST THE WITNESS

24    IN A CRIMINAL CASE, EXCEPT FOR IMPEACHMENT PURPOSES OR IN A PROS-

25    ECUTION FOR PERJURY OR OTHERWISE FAILING TO TESTIFY OR PRODUCE

26    EVIDENCE AS REQUIRED.





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                                   7

 1         Sec. 461.  Competency of female as witness though wife
             of

 2     accused--Any such female person  AN INDIVIDUAL
                       referred to in

 3     the 6 preceding  sections  shall 
             455 TO 459 MAY be a competent

 4    witness in  any  A prosecution under this chapter
             to testify for

 5    or against the accused as to any transaction or as to any conver-

 6    sation with the accused or by  him  THE ACCUSED
             with another

 7    person  or persons  in  her  THE
             INDIVIDUAL'S presence  , not-

 8     withstanding her having  REGARDLESS OF WHETHER THE
                       INDIVIDUAL

 9    married the accused before or after the violation  of any of
             the

10     provisions of this chapter,  OR whether THE
                       INDIVIDUAL IS called

11    as a witness during the existence of the marriage or after its

12    dissolution.  No complaint shall be entertained or warrant

13     issued against any female giving testimony in any proceeding

14     under this chapter by reason of or arising from any
                       testimony so

15     given by such female witness, nor shall any such testimony
                       or any

16     part thereof be used in any way in connection with or as a
                       basis

17     for a criminal prosecution against said witness.  No such
                       female

18     witness shall be permitted to refuse to answer any question

19     involving a violation of the provisions of this chapter on
                       the

20     ground that such answer might tend to incriminate or degrade
                       said

21     witness:  Provided, That no person so testifying shall be
                       exempt

22     from prosecution and punishment for perjury committed in so

23     testifying. 

24         Enacting section 1.  Section 334 of the Michigan penal code,

25    1931 PA 328, MCL 750.334, is repealed.







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