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.]