SB-0874, As Passed Senate, March 14, 2018

SUBSTITUTE FOR

SENATE BILL NO. 874

     A bill to amend 1975 PA 238, entitled

"Child protection law,"

by amending section 13 (MCL 722.633), as amended by 2002 PA 14.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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

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

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

failure.

     (2) A person who by his or her paid employment is required by

this act to report an instance of suspected child abuse or child

neglect, who has direct knowledge of the nature of the suspected

child abuse or child neglect, and who willfully and knowingly fails

to do so report is guilty of a misdemeanor felony punishable by

imprisonment for not more than 93 days 2 years or a fine of not

more less than $500.00, $1,000.00, or not more than $5,000.00, or

both.

     (3) A person who is a volunteer required by this act to report

an instance of suspected child abuse or child neglect, who has

direct knowledge of the nature of the suspected child abuse or

child neglect, and who willfully and knowingly fails to report 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.

     (4) If a person described in subsection (2) commits a second

or subsequent offense as described in subsection (2), the person is

guilty of a felony punishable by imprisonment for not more than 7

years or a fine of not more than $15,000.00, or both.

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

disseminates, or who permits or encourages the dissemination of,

information contained in the central registry and in reports and

records made as provided in this act is guilty of a misdemeanor

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

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

damages proximately caused by the dissemination.

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

required to be expunged under section 7 is guilty of a misdemeanor

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

not more than $100.00, or both.

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

child abuse or child neglect under this act knowing that the report

is false is guilty of a crime as follows:

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

constitute a crime or would constitute a misdemeanor if the report

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

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

$100.00, or both.

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

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

of a felony punishable by the lesser of the following:

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

reported.

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

more than $2,000.00, or both.

     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.

     Enacting section 2. This amendatory act does not take effect

unless Senate Bill No. 880 of the 99th Legislature is enacted into

law.