February 27, 2018, Introduced by Senators JONES, O'BRIEN, HORN, KNOLLENBERG, KNEZEK, HERTEL, BIEDA, ROCCA, EMMONS, CONYERS, ANANICH, HOPGOOD, COLBECK, BRANDENBURG, STAMAS, MARLEAU, ZORN, KOWALL, MACGREGOR and SHIRKEY and referred to the Committee on Judiciary.
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 is required by this act to report an instance
of suspected child abuse or child neglect and who knowingly fails
to do so is guilty of a misdemeanor punishable by imprisonment for
not
more than 93 days 1 year or a fine of not more than $500.00,
$1,000.00, or both.
(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.
(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.
(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.