The bill would not apply to a statement made or action taken by an alleged victim of the crime the peace officer was investigating. The bill also would not apply to a person who was acting under duress or out of a reasonable fear of physical harm to himself or herself, or another person, from a spouse or former spouse, a person with whom he or she had a dating relationship, a person with whom he or she had a child in common, or a resident or former resident of his or her household.
The bill would not prohibit a person from doing either of the following:
-- Invoking his or her rights against self-incrimination under the Fifth Amendment of the U.S. Constitution or under Article I, Section 17 of the State Constitution.
-- Declining to speak to or otherwise communicate with a peace officer concerning the criminal investigation.
The bill would define "peace officer" as any of the following:
--
-- A sheriff or deputy sheriff.
-- An officer of a city, village, or township police department.
-- A marshal of a city, village, or township.
-- A constable of any local unit of government.
-- An officer of the Michigan State Police.
-- A Michigan conservation officer.
-- A security employee employed by the State for the protection of State-owned or leased property or facilities in Lansing or at the State Secondary Complex.
-- A State Police motor carrier officer.
-- A police or public safety officer of a Michigan community college, college, or university who is authorized by the school's governing board to enforce State law and the rules and ordinances of the educational institution.
-- A park and recreation officer commissioned under the Natural Resources and Environmental Protection Act (NREPA).
-- A State forest officer commissioned under NREPA.
-- A State Attorney General investigator.
-- An agent of the Office of Inspector General in the Department of Human Services.
House Bill 5051 (H-1) would amend the Code of Criminal Procedure to include in the sentencing guidelines an offense proposed by House Bill 5050 (S-1). Under the bill, providing false information to a peace officer who was investigating a felony punishable by at least four years' imprisonment, would be a Class G felony against the public order, with a statutory maximum penalty of two years' imprisonment.
The bills would take effect 90 days after their enactment. House Bill 5051 (H-1) is tie-barred to House Bill 5050.
Proposed MCL 750.479c (H.B. 5050) Legislative Analyst: Patrick Affholter
MCL 777.16x (H.B. 5051)
FISCAL IMPACT
The bills would have an indeterminate fiscal impact on State and local government. The severity of the punishment for the offense would be linked to the severity of the crime being investigated. Therefore, punishments ranging from State imprisonment to local probation would be possible. There are no data to indicate how many offenders would be convicted of this new crime. The cost of incarceration in a State facility is approximately $34,000 annually, while the cost of incarceration in a county jail varies by county. Penal fine revenue benefits public libraries.
Date Completed: 3-6-12 Fiscal Analyst: Dan O'Connor
Analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent. hb5050&5051/1112 |