Bill Text: MI HB4021 | 2013-2014 | 97th Legislature | Chaptered
Bill Title: Crimes; kidnapping; kidnapping; expand intent element. Amends sec. 349 of 1931 PA 328 (MCL 750.349).
Spectrum: Moderate Partisan Bill (Democrat 30-8)
Status: (Passed) 2014-10-22 - Assigned Pa 330'14 With Immediate Effect [HB4021 Detail]
Download: Michigan-2013-HB4021-Chaptered.html
Act No. 330
Public Acts of 2014
Approved by the Governor
October 15, 2014
Filed with the Secretary of State
October 16, 2014
EFFECTIVE DATE: January 14, 2015
STATE OF MICHIGAN
97TH LEGISLATURE
REGULAR SESSION OF 2014
Introduced by Reps. Darany, Banks, Brinks, Brown, Clemente, Cochran, Crawford, Daley, Dianda, Dillon, Driskell, Durhal, Faris, Geiss, Graves, Haugh, Heise, Kivela, Kosowski, Kowall, Lamonte, Lane, McCann, Oakes, Phelps, Roberts, Santana, Singh, Slavens, Smiley, Stallworth, Stanley, Talabi, Tlaib, VerHeulen, Walsh, Yanez and Zorn
ENROLLED HOUSE BILL No. 4021
AN ACT to amend 1931 PA 328, entitled “An act to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at criminal trials; to provide for liability for damages; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,” by amending section 349 (MCL 750.349), as amended by 2006 PA 159.
The People of the State of Michigan enact:
Sec. 349. (1) A person commits the crime of kidnapping if he or she knowingly restrains another person with the intent to do 1 or more of the following:
(a) Hold that person for ransom or reward.
(b) Use that person as a shield or hostage.
(c) Engage in criminal sexual penetration or criminal sexual contact prohibited under chapter LXXVI with that person.
(d) Take that person outside of this state.
(e) Hold that person in involuntary servitude.
(f) Engage in child sexually abusive activity, as that term is defined in section 145c, with that person, if that person is a minor.
(2) As used in this section, “restrain” means to restrict a person’s movements or to confine the person so as to interfere with that person’s liberty without that person’s consent or without legal authority. The restraint does not have to exist for any particular length of time and may be related or incidental to the commission of other criminal acts.
(3) A person who commits the crime of kidnapping is guilty of a felony punishable by imprisonment for life or any term of years or a fine of not more than $50,000.00, or both.
(4) This section does not prohibit the person from being charged with, convicted of, or sentenced for any other violation of law arising from the same transaction as the violation of this section.
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
This act is ordered to take immediate effect.
Clerk of the House of Representatives
Secretary of the Senate
Approved
Governor
