Bill Text: MI HB4205 | 2009-2010 | 95th Legislature | Engrossed

Michigan House Bill 4205 (Prior Session Legislation)

Bill Title: Crimes; other; reckless endangerment by placing obstruction in a roadway; prohibit and provide penalties. Amends 1931 PA 328 (MCL 750.1 - 750.568) by adding sec. 394b.

Spectrum: Partisan Bill (Republican 9-0)

Status: (Introduced - Dead) 2009-06-02 - Referred To Committee On Judiciary [HB4205 Detail]

Download: Michigan-2009-HB4205-Engrossed.html

HB-4205, As Passed House, May 27, 2009

HOUSE BILL No. 4205

(As amended May 27, 2008)

February 5, 2009, Introduced by Reps. Pearce, Rogers, Opsommer, Lori, Green, Walsh, Bolger, Kurtz and McMillin and referred to the Committee on Transportation.

A bill to amend 1931 PA 328, entitled

"The Michigan penal code,"

(MCL 750.1 to 750.568) by adding section 394b.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 394b. (1) [Except as otherwise provided in this section,] A

person shall not do either of the following:

(a) Intentionally place an item in or across a roadway if the

person knows or should know that the item is likely to come into

contact with a moving vehicle or another person riding in or upon a

moving vehicle.

(b) Intentionally place a dangerous item in or across a

roadway.

(2) A person who violates this section is guilty of a crime as

follows:

(a) Except as provided in subdivisions (b), (c), (d), and (e),

House Bill No. 4205 as amended May 27, 2009

the person is guilty of a misdemeanor punishable by imprisonment

for not more than 93 days or a fine of not more than $100.00, or

both.

(b) If the violation causes property damage, the person is

guilty of a misdemeanor punishable by imprisonment for not more

than 1 year or a fine of not more than $500.00, or both.

serious impairment or death, the person 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.

(d) If the violation causes serious impairment to any person,

the person is guilty of a felony punishable by imprisonment for not

more than 10 years or a fine of not more than $5,000.00, or both.

(e) If the violation causes death to any person, the person is

guilty of a felony punishable by imprisonment for not more than 15

years or a fine of not more than $10,000.00, or both.

[(3) Subsection (1) does not apply to a person who engages in conduct described in subsection (1) solely for authorized law enforcement or traffic control purposes.]

[(4)] A criminal penalty provided for under this section may be

imposed in addition to any penalty that may be imposed for any

other criminal offense arising from the same conduct or for any

contempt of court arising from the same conduct.

[(5)] As used in this section, "serious impairment" means

serious impairment of a body function as that term is defined in

section 58c of the Michigan vehicle code, 1949 PA 300, MCL 257.58c.