HB-5431, As Passed House, September 27, 2012HB-5431, As Passed Senate, September 20, 2012

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 5431

     A bill to amend 1931 PA 328, entitled

"The Michigan penal code,"

by amending section 411a (MCL 750.411a), as amended by 2004 PA 104.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 411a. (1) Except as otherwise provided in subsection

subsections (2) , and (3), a person who intentionally makes a false

report of the commission of a crime, or intentionally causes a

false report of the commission of a crime to be made, to a peace

officer, police agency of this state or of a local unit of

government, 9-1-1 operator, or any other governmental employee or

contractor or employee of a contractor who is authorized to receive

reports of a crime, knowing the report is false, is guilty of a

crime as follows:

     (a) If Except as provided in subdivisions (b) through (e), if

the report is a false report of a misdemeanor, the person is guilty

of a misdemeanor punishable by imprisonment for not more than 93

days or a fine of not more than $500.00, or both.

     (b) If Except as provided in subdivisions (c) through (e), if

the report is a false report of a felony, the person is guilty of a

felony punishable by imprisonment for not more than 4 years or a

fine of not more than $2,000.00, or both.

     (c) Except as provided in subdivisions (d) and (e), if the

false report results in a response to address the reported crime

and a person incurs physical injury as a proximate result of lawful

conduct arising out of that response, the person responsible for

the false report is guilty of a felony punishable by imprisonment

for not more than 5 years or a fine of not more than $20,000.00, or

both.

     (d) If the false report results in a response to address the

reported crime and a person incurs serious impairment of a body

function as a proximate result of lawful conduct arising out of

that response, the person responsible for the false report is

guilty of a felony punishable by imprisonment for not more than 10

years or a fine of not more than $25,000.00, or both.

     (e) If the false report results in a response to address the

reported crime and a person is killed as a proximate result of

lawful conduct arising out of that response, the person responsible

for the false report is guilty of a felony punishable by

imprisonment for not more than 15 years or a fine of not less than

$25,000.00 or more than $50,000.00, or both.

     (2) A person shall not do either of the following:

     (a) Knowingly make a false report of a violation or attempted

violation of chapter XXXIII or section 327, 328, 397a, or 436 and

communicate or cause the communication of the false report to any

other person, knowing the report to be false.

     (b) Threaten to violate chapter XXXIII or section 327, 328,

397a, or 436 and communicate or cause the communication of the

threat to any other person.

     (3) A person who violates subsection (2) is guilty of a felony

punishable as follows:

     (a) For Subject to subsection (1)(c) through (e), for a first

conviction under subsection (2), by imprisonment for not more than

4 years or a fine of not more than $2,000.00, or both.

     (b) For Subject to subsection (1)(d) and (e), for a second or

subsequent conviction under subsection (2), imprisonment for not

more than 10 years or a fine of not more than $5,000.00, or both.

     (4) A person shall not intentionally make or intentionally

cause to be made a false report of a medical or other emergency to

a peace officer, police agency of this state or of a local unit of

government, firefighter or fire department of this state or a local

unit of government of this state, 9-1-1 operator, medical first

responder, or any governmental employee or contractor or employee

of a contractor who is authorized to receive reports of medical or

other emergencies. A person who violates this subsection is guilty

of a crime as follows:

     (a) Except as provided in subdivisions (b) through (d), the

person is guilty of a misdemeanor punishable by imprisonment for

not more than 93 days or a fine of not more than $500.00, or both.

     (b) Except as provided in subdivisions (c) and (d), if the

false report results in a response to address the reported medical

or other emergency and a person incurs physical injury as a

proximate result of lawful conduct arising out of that response,

the person responsible for the false report is guilty of a felony

punishable by imprisonment for not more than 5 years or a fine of

not more than $20,000.00, or both.

     (c) If the false report results in a response to address the

reported medical or other emergency and a person incurs serious

impairment of a body function as a proximate result of lawful

conduct arising out of that response, the person responsible for

the false report is guilty of a felony punishable by imprisonment

for not more than 10 years or a fine of not more than $25,000.00,

or both.

     (d) If the false report results in a response to address the

reported crime and a person is killed as a proximate result of

lawful conduct arising out of that response, the person responsible

for the false report is guilty of a felony punishable by

imprisonment for not more than 15 years or a fine of not less than

$25,000.00 or more than $50,000.00, or both.

(5) (4) The court may order a person convicted under

subsection (2) or (4) to pay to the state or a local unit of

government the costs of responding to the false report or threat

including, but not limited to, use of police, or fire, medical, or

other emergency response vehicles and teams, pursuant to under

section 1f of chapter IX of the code of criminal procedure, 1927 PA

175, MCL 769.1f, unless otherwise expressly provided for in this

section.

(6) (5) If the person ordered to pay costs under subsection

(4) (5) is a juvenile under the jurisdiction of the family division

of the circuit court under chapter 10 of the revised judicature act

of 1961, 1961 PA 236, MCL 600.1001 to 600.1043, all of the

following apply:

     (a) If the court determines that the juvenile is or will be

unable to pay all of the costs ordered, after notice to the

juvenile's parent or parents and an opportunity for the parent or

parents to be heard, the court may order the parent or parents

having supervisory responsibility for the juvenile, at the time of

the acts upon which the order is based, to pay any portion of the

costs ordered that is outstanding. An order under this subsection

does not relieve the juvenile of his or her obligation to pay the

costs as ordered, but the amount owed by the juvenile shall be

offset by any amount paid by his or her parent. As used in this

subsection, "parent" does not include a foster parent.

     (b) If the court orders a parent to pay costs under

subdivision (a), the court shall take into account the financial

resources of the parent and the burden that the payment of the

costs will impose, with due regard to any other moral or legal

financial obligations that the parent may have. If a parent is

required to pay the costs under subdivision (a), the court shall

provide for payment to be made in specified installments and within

a specified period of time.

     (c) A parent who has been ordered to pay the costs under

subdivision (a) may petition the court for a modification of the

amount of the costs owed by the parent or for a cancellation of any

unpaid portion of the parent's obligation. The court shall cancel

all or part of the parent's obligation due if the court determines

that payment of the amount due will impose a manifest hardship on

the parent.

     (7) A violation or attempted violation of this section occurs

if the communication of the false report originates in this state,

is intended to terminate in this state, or is intended to terminate

with a person who is in this state.

     (8) A violation or attempted violation of this section may be

prosecuted in any jurisdiction in which the communication

originated or terminated.

(9) (6) As used in this section:

     (a) "Local unit of government" means:

     (i) A city, village, township, or county.

     (ii) A local or intermediate school district.

     (iii) A public school academy.

     (iv) A community college.

     (b) "Medical first responder" means that term as defined in

section 20906 of the public health code, 1978 PA 368, MCL

333.20906.

(c) "Serious impairment of a body function" means that term as

defined in section 395.

     (d) (b) "State" includes, but is not limited to, a state

institution of higher education.

     Enacting section 1. This amendatory act takes effect January

1, 2013.