HOUSE BILL No. 6082

 

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.