HB-5537, As Passed House, May 24, 2018

SUBSTITUTE FOR

HOUSE BILL NO. 5537

     A bill to amend 1931 PA 328, entitled

"The Michigan penal code,"

by amending section 483a (MCL 750.483a), as added by 2000 PA 451.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 483a. (1) A person shall not do any of the following:

     (a) Withhold or refuse to produce any testimony, information,

document, or thing after the court has ordered it to be produced

following a hearing.

     (b) Prevent or attempt to prevent through the unlawful use of

physical force another person from reporting a crime committed or

attempted by another person.

     (c) Intentionally use his or her professional position of

authority over another person to prevent or attempt to prevent the

person from reporting a crime that is listed in section 136b, 520b,

520c, 520d, 520e, or 520g, committed or attempted by another

person.

(d) (c) Retaliate or attempt to retaliate against another

person for having reported or attempted to report a crime committed

or attempted by another person. As used in this subsection,

"retaliate" means to do any of the following:

     (i) Commit or attempt to commit a crime against any person.

     (ii) Threaten to kill or injure any person or threaten to

cause property damage.

     (2) A person who violates subsection (1) is guilty of a crime

as follows:

     (a) Except as provided in subdivision (b), the person is

guilty of a misdemeanor punishable by imprisonment for not more

than 1 year or a fine of not more than $1,000.00, or both.

     (b) If the violation involves committing or attempting to

commit a crime or a threat to kill or injure any person or to cause

property damage, the person is guilty of a felony punishable by

imprisonment for not more than 10 years or a fine of not more than

$20,000.00, or both.

     (3) A person shall not do any of the following:

     (a) Give, offer to give, or promise anything of value to any

person to influence a person's statement to a police officer

conducting a lawful investigation of a crime or the presentation of

evidence to a police officer conducting a lawful investigation of a

crime.

     (b) Threaten or intimidate any person to influence a person's

statement to a police officer conducting a lawful investigation of

a crime or the presentation of evidence to a police officer

conducting a lawful investigation of a crime.

     (4) A person who violates subsection (3) is guilty of a crime

as follows:

     (a) Except as provided in subdivision (b), the person is

guilty of a misdemeanor punishable by imprisonment for not more

than 1 year or a fine of not more than $1,000.00, or both.

     (b) If the violation involves committing or attempting to

commit a crime or a threat to kill or injure any person or to cause

property damage, the person is guilty of a felony punishable by

imprisonment for not more than 10 years or a fine of not more than

$20,000.00, or both.

     (5) A person shall not do any of the following:

     (a) Knowingly and intentionally remove, alter, conceal,

destroy, or otherwise tamper with evidence to be offered in a

present or future official proceeding.

     (b) Offer evidence at an official proceeding that he or she

recklessly disregards as false.

     (6) A person who violates subsection (5) is guilty of a crime

as follows:

     (a) Except as provided in subdivision (b), the person is

guilty of a felony punishable by imprisonment for not more than 4

years or a fine of not more than $5,000.00, or both.

     (b) If the violation is committed in a criminal case for which

the maximum term of imprisonment for the violation is more than 10

years, or the violation is punishable by imprisonment for life or

any term of years, the person is guilty of a felony punishable by

imprisonment for not more than 10 years or a fine of not more than

$20,000.00, or both.

     (7) It is an affirmative defense under subsection (3), for

which the defendant has the burden of proof by a preponderance of

the evidence, that the conduct consisted solely of lawful conduct

and that the defendant's sole intention was to encourage, induce,

or cause the other person to provide a statement or evidence

truthfully.

     (8) Subsections (1)(a), (3)(b), and (5)(b) do not apply to any

of the following:

     (a) The lawful conduct of an attorney in the performance of

his or her duties, such as advising a client.

     (b) The lawful conduct or communications of a person as

permitted by statute or other lawful privilege.

     (9) This section does not prohibit a person from being charged

with, convicted of, or punished for any other violation of law

arising out of the same transaction as the violation of this

section.

     (10) The court may order a term of imprisonment imposed for a

violation of this section to be served consecutively to a term of

imprisonment imposed for any other crime including any other

violation of law arising out of the same transaction as the

violation of this section.

     (11) As used in this section:

     (a) "Official proceeding" means a proceeding heard before a

legislative, judicial, administrative, or other governmental agency

or official authorized to hear evidence under oath, including a

referee, prosecuting attorney, hearing examiner, commissioner,

notary, or other person taking testimony or deposition in that

proceeding.

     (b) "Threaten or intimidate" does not mean a communication

regarding the otherwise lawful access to courts or other branches

of government, such as the lawful filing of any civil action or

police report of which the purpose is not to harass the other

person in violation of section 2907 of the revised judicature act

of 1961, 1961 PA 236, MCL 600.2907.

     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.