HOUSE BILL NO. 4331 A bill to prescribe the ebony alert as the official response to reports of abductions of certain qualifying individuals; to prohibit certain conduct; to create the ebony alert fund; and to provide for the powers and duties of certain state and local governmental officers and entities; and to prescribe penalties. the people of the state of michigan enact: Sec. 1. This act may be cited as the "Ebony alert act". Sec. 3. As used in this act: (a) "At risk" means in imminent danger of serious bodily harm or death. (b) "Department" means the department of state police. (c) "Ebony alert" means a notification system that is activated in accordance with this act and designed to issue and coordinate alerts with respect to a qualifying individual who is reported missing under unexplained or suspicious circumstances and who is at risk, developmentally disabled, cognitively impaired, or abducted. (d) "False report" means a false report that an individual is missing under unexplained or suspicious circumstances or a false report that an individual who is missing under unexplained or suspicious circumstances is at risk, developmentally disabled, cognitively impaired, or abducted. (e) "Fund" means the ebony alert fund created in section 11. (f) "Qualifying individual" means a woman between the ages of 18 and 65. Sec. 5. A law enforcement agency that receives notice that a qualifying individual is missing under unexplained or suspicious circumstances and has a reasonable belief that the qualifying individual is at risk, developmentally disabled, cognitively impaired, or abducted shall notify the department and request that an alert be issued under the ebony alert plan. Sec. 7. (1) The department shall establish and maintain the ebony alert plan. (2) The ebony alert plan must be designed to rapidly disseminate useful information in a predetermined manner to radio and television stations within this state. Sec. 9. The ebony alert plan must be activated only in accordance with the policies established by the department. Sec. 11. (1) The ebony alert fund is created in the department to provide funds for the maintenance, operation, and administration of the ebony alert plan. The department is the administrator of the fund for auditing purposes. (2) The state treasurer shall credit to the fund all amounts appropriated for this purpose and money from any other source for deposit into the fund. (3) The state treasurer shall direct the investment of the fund. The fund must consist of the money credited to the fund, any interest and earnings accruing from the saving and investment of that money and money from any other source. (4) Money in the fund at the close of the year must remain in the fund and not lapse to the general fund. (5) The money, interest, and earnings of the fund must be expended solely for the purposes described in this act. The money in the fund that is available for distribution must be appropriated each year. Money granted or received as a gift or donation to the fund is available for distribution on appropriation. Sec. 13. (1) A person shall not intentionally make a false report, or intentionally cause a false report to be made, to a law enforcement officer, law enforcement agency, 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 a false report. 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. (2) The court may order a person that is 18 years of age or older and that is 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, including, but not limited to, use of police or fire emergency response vehicles and teams, under section 1f of chapter IX of the code of criminal procedure, 1927 PA 175, MCL 769.1f. (3) 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.
HOUSE BILL NO. 4331
A bill to prescribe the ebony alert as the official response to reports of abductions of certain qualifying individuals; to prohibit certain conduct; to create the ebony alert fund; and to provide for the powers and duties of certain state and local governmental officers and entities; and to prescribe penalties.
the people of the state of michigan enact:
Sec. 1. This act may be cited as the "Ebony alert act".
Sec. 3. As used in this act:
(a) "At risk" means in imminent danger of serious bodily harm or death.
(b) "Department" means the department of state police.
(c) "Ebony alert" means a notification system that is activated in accordance with this act and designed to issue and coordinate alerts with respect to a qualifying individual who is reported missing under unexplained or suspicious circumstances and who is at risk, developmentally disabled, cognitively impaired, or abducted.
(d) "False report" means a false report that an individual is missing under unexplained or suspicious circumstances or a false report that an individual who is missing under unexplained or suspicious circumstances is at risk, developmentally disabled, cognitively impaired, or abducted.
(e) "Fund" means the ebony alert fund created in section 11.
(f) "Qualifying individual" means a woman between the ages of 18 and 65.
Sec. 5. A law enforcement agency that receives notice that a qualifying individual is missing under unexplained or suspicious circumstances and has a reasonable belief that the qualifying individual is at risk, developmentally disabled, cognitively impaired, or abducted shall notify the department and request that an alert be issued under the ebony alert plan.
Sec. 7. (1) The department shall establish and maintain the ebony alert plan.
(2) The ebony alert plan must be designed to rapidly disseminate useful information in a predetermined manner to radio and television stations within this state.
Sec. 9. The ebony alert plan must be activated only in accordance with the policies established by the department.
Sec. 11. (1) The ebony alert fund is created in the department to provide funds for the maintenance, operation, and administration of the ebony alert plan. The department is the administrator of the fund for auditing purposes.
(2) The state treasurer shall credit to the fund all amounts appropriated for this purpose and money from any other source for deposit into the fund.
(3) The state treasurer shall direct the investment of the fund. The fund must consist of the money credited to the fund, any interest and earnings accruing from the saving and investment of that money and money from any other source.
(4) Money in the fund at the close of the year must remain in the fund and not lapse to the general fund.
(5) The money, interest, and earnings of the fund must be expended solely for the purposes described in this act. The money in the fund that is available for distribution must be appropriated each year. Money granted or received as a gift or donation to the fund is available for distribution on appropriation.
Sec. 13. (1) A person shall not intentionally make a false report, or intentionally cause a false report to be made, to a law enforcement officer, law enforcement agency, 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 a false report. 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.
(2) The court may order a person that is 18 years of age or older and that is 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, including, but not limited to, use of police or fire emergency response vehicles and teams, under section 1f of chapter IX of the code of criminal procedure, 1927 PA 175, MCL 769.1f.
(3) 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.