Act No. 170

Public Acts of 2005

Approved by the Governor

October 11, 2005

Filed with the Secretary of State

October 12, 2005

EFFECTIVE DATE: January 1, 2006

STATE OF MICHIGAN

93RD LEGISLATURE

REGULAR SESSION OF 2005

Introduced by Reps. Caul, Sak, Palmer, Casperson, Hansen, Rocca, Murphy, LaJoy, Green, Stahl, Polidori, Newell, Marleau, Proos, Pearce, Jones, Booher, Pavlov, Emmons, Moolenaar, Accavitti, Adamini, Anderson, Angerer, Ball, Bieda, Brown, Byrum, Caswell, Clemente, Cushingberry, Dillon, Espinoza, Farhat, Farrah, Gillard, Gleason, Gonzales, Hildenbrand, Kehrl, Kooiman, Leland, Lemmons, III, Lemmons, Jr., Mayes, McDowell, Meisner, Meyer, Moore, Mortimer, Nitz, Nofs, Palsrok, Pastor, Phillips, Schuitmaker, Shaffer, Sheltrown, Alma Smith, Spade, Stewart, Tobocman, Vander Veen, Williams and Wojno

ENROLLED HOUSE BILL No. 4865

AN ACT to amend 1931 PA 328, entitled "An act to revise, consolidate, codify and add to the statutes relating to crimes; to define crimes and prescribe the penalties therefor; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at such trials; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act," (MCL 750.1 to 750.568) by adding section 217f.

The People of the State of Michigan enact:

Sec. 217f. (1) An individual who is not employed as a firefighter or emergency medical service personnel shall not inform another individual or represent to another individual by identification or any other means that he or she is employed in 1 of those capacities with intent to do 1 or more of the following:

(a) Perform the duties of a firefighter or emergency medical service personnel.

(b) Represent to another person that he or she is a firefighter or emergency medical service personnel for any unlawful purpose.

(c) Compel a person to do or refrain from doing any act against his or her will.

(d) Gain or attempt to gain entry to a residence, building, structure, facility, or other property.

(e) Remain or attempt to remain in or upon a residence, building, structure, facility, or other property.

(f) Gain or attempt to gain access to financial account information.

(g) Commit or attempt to commit a crime.

(h) Obtain or attempt to obtain information to which the individual is not entitled.

(i) Gain access or attempt to gain access to a person less than 18 years of age or a vulnerable adult.

(2) As used in this section:

(a) "Emergency medical service personnel" means that term as defined in section 20904 of the public health code, 1978 PA 368, MCL 333.20904.

(b) "Vulnerable adult" means that term as defined in section 145m.

(3) An individual who violates subsection (1) is guilty of a felony punishable by imprisonment for not more than 2years or a fine of not more than $1,000.00, or both.

(4) A sentence imposed under subsection (3) may be ordered to be served consecutively to any term of imprisonment imposed for another violation arising from the same transaction.

Enacting section 1. This amendatory act takes effect January 1, 2006.

This act is ordered to take immediate effect.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor