May 18, 2006, Introduced by Reps. Donigan, Angerer, Miller, Vagnozzi, Sheltrown, Anderson, Mayes, Hunter, Polidori, Tobocman, Zelenko, Bieda, Lemmons, Jr., Lipsey, Farrah, Meisner, Bennett, Espinoza, Kolb, Clemente, Plakas, Byrum, Wojno, Gleason, Spade, Leland, Byrnes, Gillard and Cheeks and referred to the Committee on Judiciary.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 491 (MCL 750.491).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 491. (1) All official books, papers, or records created
by
or received in any office or agency of
the this state of
Michigan
or its political subdivisions ,
are declared to be
public
property, belonging to the people of
the this state. of
Michigan.
(2)
All books, papers, or
and records described
in
subsection
(1) shall be disposed of only as
provided in section
13c
of Act No. 51 of the Public Acts of the First Extra Session of
1948,
as added, being section 18.13c of the Compiled Laws of 1948
sections 201, 285, 287, and 289 of the management and budget act,
1984 PA 431, MCL 18.1201, 18.1285, 18.1287, and 18.1289, section 5
of Act
No. 271 of the Public Acts of 1913, as amended, being
section
399.5 of the Compiled Laws of 1948 1913
PA 271, MCL 399.5,
and
sections 2137 and 2138 of Act No. 236 of the Public Acts of
1961,
being sections 600.2137 and 600.2138 of the Compiled Laws of
1948
the revised judicature act
of 1961, 1961 PA 236, MCL 600.2137
and 600.2138.
(3) Any
A person
who shall wilfully
not willfully carry
away,
mutilate, or destroy
any of such books,
papers, records, or
any
part of the same, and any person who shall a book, paper, or
record described in subsection (1) or retain and continue to hold
the
possession of any books, papers, or records, or parts
thereof,
belonging to the aforesaid offices and shall refuse to
deliver
up such books, papers, records, or parts thereof any part
of a book, paper, or record described in subsection (1) and refuse
to
return them to the proper
officer having charge of the office
to
which such books, papers, or records they belong, upon demand
being
made by such the
officer or, in cases of a defunct
office,
the
Michigan historical commission. , shall be Except as provided
in subsection (4), a person who violates this subsection is guilty
of
a misdemeanor , punishable by imprisonment in
the state
prison
for not more than 2 years or by
a fine of not more than
$1,000.00, or both.
(4) A person who violates subsection (3) with the intent to
impair the integrity of the book, paper, or record or its
availability for use in an official proceeding, or with the intent
to obstruct, influence, or impede an official proceeding, is guilty
of a felony punishable by imprisonment for not more than 10 years
or a fine of not more than $250,000.00, or both. As used in this
subsection, "official proceeding" means a proceeding before a
legislative body or agency, a court, an administrative agency, or
any other governmental agency.