SB1167: Crimes: other; summoning law enforcement to residence through intentional false report of a serious…

SENATE BILL NO. 1167 A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 316 (MCL 750.316), as amended by 2022 PA 149, and by adding section 410d. the people of the state of michigan enact: Sec. 316. (1) Except as provided in sections 25 and 25a of chapter IX of the code of criminal procedure, 1927 PA 175, MCL 769.25 and 769.25a, a person who commits any of the following is guilty of first degree murder and shall be punished by imprisonment for life without eligibility for parole: (a) Murder perpetrated by means of poison, lying in wait, or any other willful, deliberate, and premeditated killing. (b) Murder committed in the perpetration of, or attempt to perpetrate, arson, criminal sexual conduct in the first, second, or third degree, child abuse in the first degree, a major controlled substance offense, robbery, carjacking, breaking and entering of a dwelling, home invasion in the first or second degree, larceny of any kind, extortion, kidnapping, vulnerable adult abuse in the first or second degree under section 145n, torture under section 85, aggravated stalking under section 411i, or unlawful imprisonment under section 349b , or a violation of section 410d . (c) A murder of a peace officer or a corrections officer committed while the peace officer or corrections officer is lawfully engaged in the performance of any of his or her the officer's duties as a peace officer or corrections officer, knowing that the peace officer or corrections officer is a peace officer or corrections officer engaged in the performance of his or her the officer's duty as a peace officer or corrections officer. (2) Immediately following a conviction under this section, a court shall enter an order committing the convicted person to the jurisdiction of the department of corrections for incarceration in a state correctional facility pending sentencing using a form created by the state court administrative office for this purpose. This order becomes effective if both of the following apply: (a) The sheriff agrees to transport for final sentencing the person from the state correctional facility to the county and from the county back to the state correctional facility. (b) The convicted person was not less than 18 years of age at the time he or she the person committed the offense for which he or she the person was convicted under this section. (3) A court shall hold the sentencing hearing not more than 45 days after a person is committed to the department of corrections under subsection (2). (4) As used in this section: (a) "Arson" means a felony violation under chapter X. (b) "Corrections officer" means any of the following: ( i ) A prison or jail guard or other prison or jail personnel. ( ii ) Any of the personnel of a boot camp, special alternative incarceration unit, or other minimum security correctional facility. ( iii ) A parole or probation officer. (c) "Major controlled substance offense" means any of the following: ( i ) A violation of section 7401(2)(a)( i ) to ( iii ) of the public health code, 1978 PA 368, MCL 333.7401. ( ii ) A violation of section 7403(2)(a)( i ) to ( iii ) of the public health code, 1978 PA 368, MCL 333.7403. ( iii ) A conspiracy to commit an offense listed in subparagraph ( i ) or ( ii ). (d) "Peace officer" means any of the following: ( i ) A police or conservation officer of this state or a political subdivision of this state. ( ii ) A police or conservation officer of the United States. ( iii ) A police or conservation officer of another state or a political subdivision of another state. Sec. 410d. (1) An individual who intentionally makes a false report of the commission of a crime, or intentionally causes a false report of the commission of a crime to be made, to a peace officer, police agency of this state or of a local unit of government, 9-1-1 operator, or any other governmental employee or contractor or employee of a contractor who is authorized to receive reports of a crime, and knows the report is false is guilty of a crime as follows: (a) Except as provided in subdivisions (b) to (d), if the false report is made with the intent that it cause a response to address the reported crime, regardless of whether or not a response occurs, the individual who intentionally made a false report or intentionally caused the false report to be made is guilty of a felony punishable by imprisonment for not more than 10 years, a fine of not more than $2,000.00, or both. (b) If the false report is made with the intent that it cause a response to address the reported crime, regardless of whether or not a response occurs, and an individual incurs property damage without physical injury as a proximate result, the individual who intentionally made a false report or intentionally caused the false report to be made is guilty of a felony punishable by imprisonment for not more than 12 years, a fine of not more than $2,000.00, or both. (c) If the false report is made with the intent that it cause a response to address the reported crime, regardless of whether or not a response occurs, and an individual incurs physical injury as a proximate result, the individual who intentionally made a false report or intentionally caused the false report to be made is guilty of a felony punishable by imprisonment for not more than 15 years, a fine of not more than $5,000.00, or both. (d) If the false report is made with the intent that it cause a response to address the reported crime, regardless of whether or not a response occurs, and an individual incurs serious impairment of a body function as a proximate result, the individual who intentionally made a false report or intentionally caused the false report to be made is guilty of a felony punishable by imprisonment for not more than 20 years, a fine of not more than $10,000.00, or both. (2) A violation or attempted violation of this section occurs if the communication of the false report originates in this state, is intended to terminate in this state, or is intended to terminate with a person who is in this state. (3) A violation or attempted violation of this section may be prosecuted in any jurisdiction in which the communication originated or terminated. (4) 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 conduct as the violation of this section. (5) As used in this section, " s erious impairment of a body function" means that term as defined in section 58c of the Michigan vehicle code, 1949 PA 300, MCL 257.58c. Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.