HOUSE BILL No. 4289

 

 

March 1, 2017, Introduced by Reps. Phelps and Kesto and referred to the Committee on Law and Justice.

 

     A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

 

(MCL 750.1 to 750.568) by adding section 491a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 491a. (1) A public employee or officer shall not

 

directly, or indirectly by instructions to another person,

 

intentionally alter, conceal, destroy, or otherwise tamper with

 

data used in preparing an official report for the purpose of

 

falsifying or misrepresenting the data or misleading a person

 

relying on the report.

 

     (2) A public employee or officer who violates subsection (1)

 

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

 

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

 

     (3) It is an affirmative defense to prosecution under this

 


section that the public employee or officer who is asserting the

 

affirmative defense acted to comply with a directive or other

 

requirement from his or her superior.

 

     (4) This section does not impair any right created under the

 

whistleblowers' protection act, 1980 PA 469, MCL 15.361 to 15.369.

 

     (5) As used in this section:

 

     (a) "Official report" means a report prepared in the course of

 

the public employee's or officer's duties for submission or

 

distribution to a governmental body for use in decisions regarding

 

public policy. Official report does not include a research report

 

prepared primarily for the purpose of contributing to the

 

scientific community's or the general public's knowledge.

 

     (b) "Public employee or officer" means an employee or officer

 

of this state, of a city, village, township, or county of this

 

state, or of a department, board, agency, institution, commission,

 

authority, division, council, or other public entity of this state

 

or of a city, village, township, or county in this state, including

 

an individual whose position results from election or appointment.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.