IMPERSONATING AN FIA EMPLOYEE - S.B. 1371 & 1372 (S-1): FLOOR ANALYSIS
Senate Bill 1371 (as reported with amendment)
Senate Bill 1372 (Substitute S-1 as reported)
Sponsor: Senator Joel D. Gougeon
Committee: Families, Mental Health and Human Services (Senate Bill 1371)
Judiciary (Senate Bill 1372)
CONTENT
Senate Bills 1371 and 1372 (S-1) would amend the Michigan Penal Code and the Code of Criminal Procedure, respectively, to specify a felony penalty for impersonating a Family Independence Agency (FIA) employee and to include that offense in the sentencing guidelines.
Senate Bill 1371 would prohibit a person who was not employed by the FIA from informing another person, or representing to another person by identification or any other means, that he or she was an FIA employee with the intent to gain entry to a residence, building, structure, facility, or other property; remain in or upon a residence, building, structure, facility, or other property; gain access to financial account information; commit a crime; obtain information to which the person was not entitled under Section 7 of the Child Protection Law; or gain access to a person under the age of 18 or a "vulnerable adult". (Section 7 of the Child Protection Law requires the FIA to maintain a statewide, electronic registry pertaining to child abuse and neglect allegations and investigations, and restricts who may have access to confidential information in the registry. "Vulnerable adult" would mean an individual 18 or older who, because of age, developmental disability, mental illness, or disability lacked the cognitive skills required to manage his or her property, whether or not determined by a court to be an incapacitated person in need of protection.) A violation of the bill would be a felony, punishable by up to two years' imprisonment, a maximum fine of $1,000, or both.
Under Senate Bill 1372 (S-1), impersonating an FIA employee would be categorized in the sentencing guidelines as a Class G felony against the public order, with a statutory maximum sentence of two years' imprisonment, as proposed by Senate Bill 1371.
Senate Bill 1371 is tie-barred to Senate Bill 1373 and House Bill 4456; Senate Bill 1372 (S-1) is tie-barred to Senate Bill 1371. (Senate Bill 1373 would establish penalties for the threatening or harming an FIA employee. The House bill would require safety training for FIA employees.)
Proposed MCL 750.217e (S.B. 1371) - Legislative Analyst: P. Affholter
MCL 777.16l (S.B. 1372)
FISCAL IMPACT
Senate Bills 1371 and 1372 (S-1) would have an indeterminate fiscal impact on State and local government. There are no data to indicate how many offenders would be convicted of impersonating an FIA employee. The felony would be a Class G offense which carries a sentencing guidelines recommendation ranging from 0-3 months to 7-23 months. To the extent that the highest sentencing guideline recommendation for this offense would be less than 18 months, the cost of incarceration would be incurred by local units of government. Costs of incarceration vary among the counties.
Date Completed: 9-28-00 - Fiscal Analyst: K. FirestoneFloor\sb1371 - Bill Analysis @ http://www.state.mi.us/sfa
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.