HB-5442, As Passed Senate, June 9, 2016

 

 

 

 

 

 

 

 

 

 

 

SENATE SUBSTITUTE FOR

 

HOUSE BILL NO. 5442

 

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to prescribe the public threat alert system as the

 

official response to public threat situations in this state; and to

 

provide for the powers and duties of certain state and local

 

governmental officers and authorities.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. This act shall be known and may be cited as the

 

"public threat alert system act".

 

     Sec. 2. As used in this act, "public threat" means a clear,

 

present, persistent, ongoing, and random threat to public safety. A

 

public threat includes, but is not limited to, an act of terrorism,

 

an unresolved mass shooting, or an unresolved mass shooting spree.

 

     Sec. 3. (1) The department of state police shall establish and

 

maintain the public threat alert system plan.

 


     (2) The public threat alert system plan shall be designed to

 

rapidly disseminate useful information in a predetermined manner to

 

radio and televisions stations within this state and to wireless

 

devices through the existing wireless emergency alert system

 

operated under federal law.

 

     (3) The public threat alert system plan shall be activated

 

only in accordance with the policies established by the department

 

of state police.

 

     Sec. 4. (1) A person shall not intentionally make a false

 

report of a public threat, or intentionally cause a false report of

 

a public threat to be made, to a peace officer, police agency of

 

this state or of a local unit of government, 9-1-1 operator, or any

 

other governmental employee or contractor or employee of a

 

contractor who is authorized to receive the report, knowing that

 

the report is false. A person who violates this section is guilty

 

of a felony punishable by imprisonment for not more than 4 years or

 

a fine of not more than $2,000.00, or both.

 

     (2) The court may order a person convicted under this section

 

to pay to the state or a local unit of government and the media the

 

costs of responding to the false report or threat, including, but

 

not limited to, the use of police or fire emergency response

 

vehicles and teams, under section 1f of chapter IX of the code of

 

criminal procedure, 1927 PA 175, MCL 769.1f.

 

     Enacting section 1. This act takes effect 90 days after the

 

date it is enacted into law.

 

     Enacting section 2. This act does not take effect unless all

 

of the following bills of the 98th Legislature are enacted into


House Bill No. 5442 as amended June 8, 2016

 

law:

 

     <<(a) Senate Bill No. 976.>>

 

     (b) House Bill No. 5567.