HOUSE BILL No. 4659


     April 22, 1997, Introduced by Rep. Freeman and referred to the Committee on Judiciary.


        A bill to amend 1931 PA 328, entitled

   "The Michigan penal code,"

   by amending section 149 (MCL 750.149) and by adding section

   149a.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec.  149.  (1)  Punishment--Any  A person having knowledge

 2    of the commission of  any  AN offense punishable  with  BY death

 3     ,  or by imprisonment  in the state prison, who shall take any

 4     money, or any gratuity or reward, or any engagement therefor, 

 5    FOR MORE THAN 1 YEAR WHO upon  an  EXPRESS OR IMPLIED agreement

 6     or understanding, express or implied, to compound or conceal

 7     such  COMPOUNDS OR CONCEALS THAT offense, or FOR A GRATUITY OR

 8    REWARD AGREES not to prosecute  therefor,  THAT OFFENSE or not to

 9    give evidence  thereof, shall, when such offense of which he has

10     knowledge was punishable with death, or imprisonment in the state


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 1    prison for life, be  REGARDING THE COMMISSION OF THAT OFFENSE, IS

 2    guilty of a felony  ; and where the offense, of which he so had

 3     knowledge, was punishable in any other manner, he shall be 

 4    PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 4 YEARS OR A FINE OF

 5    NOT MORE THAN $2,000.00, OR BOTH.

 6         (2) A PERSON WHO COMPOUNDS OR CONCEALS AN OFFENSE OR FOR

 7    GRATUITY OR REWARD AGREES NOT TO PROSECUTE AN OFFENSE OR TO GIVE

 8    EVIDENCE REGARDING THE COMMISSION OF THAT OFFENSE, OTHER THAN AN

 9    OFFENSE PUNISHABLE BY DEATH OR BY IMPRISONMENT FOR MORE THAN 1

10    YEAR, IS guilty of a misdemeanor  ,  punishable by imprisonment

11     in the county jail  FOR not more than 1 year  ,  or  by  A fine

12    of not more than  500 dollars  $500.00, OR BOTH.

13         SEC. 149A.  (1) A PERSON WHO KNOWS OR HAS REASON TO KNOW

14    THAT ANOTHER PERSON IS COMMITTING OR HAS COMMITTED A FELONY IN

15    THIS STATE SHALL PROMPTLY REPORT THAT FELONY TO A POLICE DEPART-

16    MENT HAVING JURISDICTION OVER THAT FELONY.  A PERSON WHO VIOLATES

17    THIS SUBSECTION IS GUILTY OF A FELONY PUNISHABLE BY THE LESSER OF

18    THE FOLLOWING:

19         (A) IMPRISONMENT FOR THE SAME PERIOD AS AUTHORIZED FOR THE

20    FELONY COMMITTED OR A FINE FOR THE SAME AMOUNT AS FOR THE FELONY

21    COMMITTED, OR BOTH.

22         (B) IMPRISONMENT FOR NOT MORE THAN 4 YEARS OR A FINE OF NOT

23    MORE THAN $2,500.00, OR BOTH.

24         (2) A PERSON WHO KNOWS THAT ANOTHER PERSON IS COMMITTING OR

25    HAS COMMITTED A MISDEMEANOR IN THIS STATE SHALL PROMPTLY REPORT

26    THAT MISDEMEANOR TO A POLICE DEPARTMENT HAVING JURISDICTION OVER

27    THAT MISDEMEANOR.  A PERSON WHO VIOLATES THIS SUBSECTION IS



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 1    GUILTY OF A MISDEMEANOR PUNISHABLE BY THE LESSER OF THE

 2    FOLLOWING:

 3         (A) IMPRISONMENT FOR THE SAME PERIOD AS AUTHORIZED FOR THE

 4    MISDEMEANOR COMMITTED OR A FINE FOR THE SAME AMOUNT AS FOR THE

 5    MISDEMEANOR COMMITTED, OR BOTH.

 6         (B) IMPRISONMENT FOR NOT MORE THAN 90 DAYS OR A FINE OF NOT

 7    MORE THAN $100.00, OR BOTH.

 8         (3) A PERSON KNOWS OR HAS REASON TO KNOW THAT A CRIME IS

 9    BEING COMMITTED OR HAS BEEN COMMITTED ONLY IF ALL OF THE FOLLOW-

10    ING CIRCUMSTANCES EXIST:

11         (A) THE PERSON HAS CLEAR AND CONVINCING EVIDENCE THAT WOULD

12    LEAD A REASONABLE PERSON TO BELIEVE THAT THE CONDUCT CONSTITUTING

13    THE CRIME IS OCCURRING OR HAS OCCURRED.

14         (B) A REASONABLE PERSON WOULD BELIEVE THE CONDUCT IS A

15    CRIME.

16         (C) THE CONDUCT IS A CRIME.

























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