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.




     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.