HomeMy WebLinkAboutResolutions - 2019.05.08 - 31569#19128
MISCELLANEOUS RESOLUTION
BY: Commissioner Shelley Taub, District #12;
IN RE: BOARD OF COMMISSIONERS — SUPPORT HB 4374 — PROHIBIT USE OF PROFESSIONAL
AUTHORITY TO PREVENT REPORT OF CERTAIN CRIMES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS many industries adhere to a code of conduct to uphold a recognized standard of excellence
when it comes to the competent and ethical behaviors of its professionals; and
WHEREAS certain professions exhibit a level of ethical conduct where their authority over individuals may
influence their decisions; and
WHEREAS the current Bili before the Michigan Legislature, HB 4374, would amend the Michigan Penal
Code to prohibit an individual from intentionally using his or her professional authority over another person
to prevent or attempt to prevent that other person from reporting certain crimes; and
WHEREAS amending section 483a would cover the following sections of the Penal Code:
• Section 136b (Child Abuse)
• Section 520b (criminal sexual conduct (CSC) in the first degree)
• Section 520c (CSC in the second degree)
• Section 520d (CSC in the third degree)
• Section 520e (CSC in the fourth degree)
• Section 520g (assault with intent to commit CSC in the first, second, or third degree); and
WHEREAS currently Section 483a of the Penal Code prohibits a person from the following:
• Withholding or refusing to produce testimony, information, documents, or things in violation of a
court order,
• Preventing or attempting to prevent through unlawful physical force another person from reporting
a crime or attempted crime,
• Retaliating or attempting to retaliate against another person for reporting or attempting to report a
crime or attempted crime; and
WHEREAS violation of these provisions is a misdemeanor punishable by imprisonment for up to one year
and/or a fine of up to $1,000; and
WHEREAS Oakland County recognizes the importance of reporting crimes and denounces the unethical
misconduct of individuals intentionally using their professional authority to censor individuals from reporting
certain crimes.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby
offer their support of HB 4374 as introduced by the Michigan House of Representatives.
BE IT FURTHER RESOLVED that the Oakland County Clerk/Register of Deeds is requested to forward
copies of this adopted resolution to the Governor of the State of Michigan, the Lt. Governor of the State of
Michigan, the Oakland County members of the Michigan congressional delegation and the members of the
Oakland County delegation to the Michigan Legislature.
Chairperson, I move adoption of the foregoing resolution.
Commissioner Sh II y I aub
District #12
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Resolution #19128 May 8, 2419
The Chairperson referred the resolution to the Legislative Affairs and Government Operations Committee.
There were no objections.