HOUSE BILL No. 4058

 

January 22, 2007, Introduced by Rep. Wojno and referred to the Committee on Judiciary.

 

     A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

 

(MCL 750.1 to 750.568) by adding section 492b.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 492b. (1) A person shall not knowingly use a public

 

record, or knowingly use information obtainable only through a

 

public record, to commit or attempt to commit a crime. A person who

 

violates this subsection is guilty as follows:

 

     (a) If the crime committed is a misdemeanor, the person is

 

guilty of a misdemeanor punishable by imprisonment for not more

 

than 93 days or a fine of not more than $500.00, or both.

 

     (b) If the crime committed is a felony, the person is guilty

 

of a felony punishable by imprisonment for not more than 5 years or

 


a fine of not more than $10,000.00, or both.

 

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

 

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

 

arising out of the same transaction as the violation of this

 

section.

 

     (3) As used in this section:

 

     (a) "Person" means an individual, partnership, corporation,

 

association, governmental entity, or other legal entity.

 

     (b) "Public record" means that term as defined in section 2 of

 

the freedom of information act, 1976 PA 442, MCL 15.232.