IMPERSONATING A PEACE OFFICER S.B. 242 (S-1): FLOOR ANALYSIS
Senate Bill 242 (Substitute S-1 as reported) Sponsor: Senator William Van Regenmorter Committee: Judiciary
The bill would amend the Michigan Penal Code to prohibit a person who was not a peace officer from informing another, or representing to another by uniform, badge, identification card, or any other means, that he or she was a peace officer in order to commit or attempt to commit a crime. The bill would take effect on October 1, 1995.
A person who impersonated an officer to commit or attempt a crime would be guilty of a felony, punishable by up to two years’ imprisonment, a maximum fine of $2,000, or both. A second violation would be punishable by up to five years' imprisonment and/or a maximum fine of $5,000, and a third or subsequent violation would be punishable by up to 10 years' imprisonment and/or a maximum fine of $10,000.
A term of imprisonment imposed under the bill would be in addition to a sentence imposed for the conviction of the crime or attempted crime underlying the violation and could be served consecutive to, and preceding, a term of imprisonment for the underlying crime or attempted crime.
"Peace officer" would include a police or conservation officer of this State or any of its political subdivisions; a Federal police or conservation officer; and a police or conservation officer of another state or a state's political subdivision.
Proposed MCL 750.216b Legislative Analyst: P. Affholter
There are no data currently available that would indicate how many people might be convicted of impersonating a peace officer in order to commit or attempt to commit a crime. The Department of Corrections could incur additional costs for those individuals convicted of a first, second, third, or subsequent violation of impersonation with intent to commit a felony. If 10 people were convicted each year, and one assumed they would receive, on average, a two-year minimum sentence, costs could increase by $300,000 after the second year. Increased costs resulting from repeat violations would depend on the number of people convicted.
Date Completed: 2-14-95 Fiscal Analyst: M. Hansen
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This 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.