HOUSE BILL No. 4107


     January 28, 1999, Introduced by Reps. Raczkowski, Richardville, Middaugh, Bisbee, Bradstreet, Mortimer, Vear and Garcia
and referred to the Committee on Criminal Law and Corrections.


        A bill to amend 1975 PA 238, entitled

   "Child protection law,"

   by amending section 13 (MCL 722.633), as amended by 1996 PA 309.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 13.  (1) A person who is required by this act to report

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      an instance of suspected child abuse or neglect and who fails to

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      do so is civilly liable for the damages proximately caused by the

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      failure.

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           (2) A person who is required by this act to report an

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      instance of suspected child abuse or neglect and who knowingly

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      fails to do so is guilty of a misdemeanor punishable by imprison-

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      ment for not more than 93 days or a fine of not more than

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      $100.00, or both.

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           (3) Except as provided in section 7, a person who

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      disseminates, or who permits or encourages the dissemination of,


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      information contained in the central registry and in reports and

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      records made pursuant to this act is guilty of a misdemeanor pun-

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      ishable by imprisonment for not more than 93 days or a fine of

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      not more than $100.00, or both, and is civilly liable for the

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      damages proximately caused by the dissemination.

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           (4) A person who willfully maintains a report or record

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      required to be expunged under section 7 is guilty of a misde-

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      meanor punishable by imprisonment for not more than 93 days or a

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      fine of not more than $100.00, or both.

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           (5) A person who intentionally makes a false report of child

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      abuse or neglect under this act knowing that the report is false

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      is guilty of a  crime as follows:  FELONY PUNISHABLE BY IMPRISON-

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      MENT FOR NOT MORE THAN 1 YEAR OR A FINE OF NOT MORE THAN

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      $10,000.00, OR BOTH.

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            (a) If the child abuse or neglect reported would not con-

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      stitute a crime or would constitute a misdemeanor if the report

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      were true, the person is guilty of a misdemeanor punishable by

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      imprisonment for not more than 93 days or a fine of not more than

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      $100.00, or both.

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           (b) If the child abuse or neglect reported would constitute

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      a felony if the report were true, the person is guilty of a

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      felony punishable by the lesser of the following:

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           (i) The penalty for the child abuse or neglect falsely

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      reported.

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           (ii) Imprisonment for not more than 4 years or a fine of not

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      more than $2,000.00, or both. 





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