SB-0074, As Passed Senate, October 27, 2005

 

 

 

 

 

 

 

 

 

 

 

 

 

                          SUBSTITUTE FOR

 

                        SENATE BILL NO. 74

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 2002 PA 712, entitled

 

"Michigan Amber alert act,"

 

(MCL 28.751 to 28.753) by amending the title and by adding section

 

4.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

TITLE

 

     An act to prescribe the Amber alert of Michigan as the official

 

response to reports of child abductions; to prohibit certain conduct;

 

and to prescribe penalties.

 

     Sec. 4. (1) A person shall not intentionally make a false report

 

of the abduction of a child, or intentionally cause a false report of

 

the abduction of a child 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 the report, knowing the report is false.

 

A person who violates this subsection is guilty of a felony punishable

 

by imprisonment for not more than 4 years or a fine of not more than

 

$2,000.00, or both.

 

     (2) A person shall not intentionally make a false report that

 

a child is missing who suffers from severe mental or physical

 

disability that greatly impairs the child's ability to care for

 

himself or herself, or intentionally cause such a report 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 the report, knowing the report is false. A

 

person who violates this subsection 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.

 

     (3) The court may order a person convicted under this section

 

to pay to the state or a local unit of government and the media the

 

costs of responding to the false report or threat including, but

 

not limited to, use of police or fire emergency response vehicles

 

and teams, pursuant to section 1f of chapter IX of the code of

 

criminal procedure, 1927 PA 175, MCL 769.1f, unless otherwise

 

expressly provided for in this section.

 

     (4) If the person ordered to pay costs under subsection (3) is

 

a juvenile under the jurisdiction of the family division of the

 

circuit court under chapter 10 of the revised judicature act of

 

1961, 1961 PA 236, MCL 600.1001 to 600.1043, all of the following


 

apply:

 

     (a) If the court determines that the juvenile is or will be

 

unable to pay all of the costs ordered, after notice to the

 

juvenile's parent or parents and an opportunity for the parent or

 

parents to be heard, the court may order the parent or parents

 

having supervisory responsibility for the juvenile, at the time of

 

the acts upon which the order is based, to pay any portion of the

 

costs ordered that is outstanding. An order under this subsection

 

does not relieve the juvenile of his or her obligation to pay the

 

costs as ordered, but the amount owed by the juvenile shall be

 

offset by any amount paid by his or her parent. As used in this

 

subsection, "parent" does not include a foster parent.

 

     (b) If the court orders a parent to pay costs under

 

subdivision (a), the court shall take into account the financial

 

resources of the parent and the burden that the payment of the

 

costs will impose, with due regard to any other moral or legal

 

financial obligations that the parent may have. If a parent is

 

required to pay the costs under subdivision (a), the court shall

 

provide for payment to be made in specified installments and within

 

a specified period of time.

 

     (c) A parent who has been ordered to pay the costs under

 

subdivision (a) may petition the court for a modification of the

 

amount of the costs owed by the parent or for a cancellation of any

 

unpaid portion of the parent's obligation. The court shall cancel

 

all or part of the parent's obligation due if the court determines

 

that payment of the amount due will impose a manifest hardship on

 

the parent.


Senate Bill No. 74 (S-1) as amended October 6, 2005

     (5) As used in this section:

 

     (a) "Local unit of government" means:

 

     (i) A city, village, township, or county.

 

     (ii) A local or intermediate school district.

 

     (iii) A public school academy.

 

     (iv) A community college.

 

     (b) "State" includes, but is not limited to, a state

 

institution of higher education.

     [Enacting section 1.  This amendatory act takes effect February 1, 2006.]