Bill Text: MI HB4177 | 2013-2014 | 97th Legislature | Chaptered
Bill Title: Crimes; homicide; reference to vulnerable adult abuse in first degree murder statute; revise. Amends sec. 316 of 1931 PA 328 (MCL 750.316).
Spectrum: Bipartisan Bill
Status: (Passed) 2013-06-04 - Assigned Pa 39'13 With Immediate Effect [HB4177 Detail]
Download: Michigan-2013-HB4177-Chaptered.html
Act No. 39
Public Acts of 2013
Approved by the Governor
June 4, 2013
Filed with the Secretary of State
June 4, 2013
EFFECTIVE DATE: June 4, 2013
STATE OF MICHIGAN
97TH LEGISLATURE
REGULAR SESSION OF 2013
Introduced by Reps. Ananich and Walsh
ENROLLED HOUSE BILL No. 4177
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 316 (MCL 750.316), as amended by 2006 PA 415.
The People of the State of Michigan enact:
Sec. 316. (1) A person who commits any of the following is guilty of first degree murder and shall be punished by imprisonment for life:
(a) Murder perpetrated by means of poison, lying in wait, or any other willful, deliberate, and premeditated killing.
(b) Murder committed in the perpetration of, or attempt to perpetrate, arson, criminal sexual conduct in the first, second, or third degree, child abuse in the first degree, a major controlled substance offense, robbery, carjacking, breaking and entering of a dwelling, home invasion in the first or second degree, larceny of any kind, extortion, kidnapping, vulnerable adult abuse in the first or second degree under section 145n, torture under section 85, or aggravated stalking under section 411i.
(c) A murder of a peace officer or a corrections officer committed while the peace officer or corrections officer is lawfully engaged in the performance of any of his or her duties as a peace officer or corrections officer, knowing that the peace officer or corrections officer is a peace officer or corrections officer engaged in the performance of his or her duty as a peace officer or corrections officer.
(2) As used in this section:
(a) “Arson” means a felony violation of chapter X.
(b) “Corrections officer” means any of the following:
(i) A prison or jail guard or other prison or jail personnel.
(ii) Any of the personnel of a boot camp, special alternative incarceration unit, or other minimum security correctional facility.
(iii) A parole or probation officer.
(c) “Major controlled substance offense” means any of the following:
(i) A violation of section 7401(2)(a)(i) to (iii) of the public health code, 1978 PA 368, MCL 333.7401.
(ii) A violation of section 7403(2)(a)(i) to (iii) of the public health code, 1978 PA 368, MCL 333.7403.
(iii) A conspiracy to commit an offense listed in subparagraph (i) or (ii).
(d) “Peace officer” means any of the following:
(i) A police or conservation officer of this state or a political subdivision of this state.
(ii) A police or conservation officer of the United States.
(iii) A police or conservation officer of another state or a political subdivision of another state.
This act is ordered to take immediate effect.
Clerk of the House of Representatives
Secretary of the Senate
Approved
Governor
