Bill Text: MI HB4277 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Weapons: other; teachers and other school employees to carry pepper spray in school and on school property under certain circumstances; allow. Amends sec. 237a of 1931 PA 328 (MCL 750.237a).
Spectrum: Partisan Bill (Republican 15-0)
Status: (Introduced - Dead) 2019-02-28 - Bill Electronically Reproduced 02/28/2019 [HB4277 Detail]
Download: Michigan-2019-HB4277-Introduced.html
HOUSE BILL No. 4277
February 28, 2019, Introduced by Reps. LaFave, Marino, Miller, Mueller, Wozniak, Inman, Eisen, Paquette, Afendoulis, Wendzel, Rendon, Reilly, Yaroch, Markkanen and O'Malley and referred to the Committee on Judiciary.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 237a (MCL 750.237a), as amended by 2017 PA 96.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 237a. (1) An individual who engages in conduct proscribed
under section 224, 224a, 224b, 224c, 224e, 226, 227, 227a, 227f,
234a, 234b, or 234c, or who engages in conduct proscribed under
section 223(2) for a second or subsequent time, in a weapon free
school zone is guilty of a felony punishable by 1 or more of the
following:
(a) Imprisonment for not more than the maximum term of
imprisonment authorized for the section violated.
(b) Community service for not more than 150 hours.
(c) A fine of not more than 3 times the maximum fine
authorized for the section violated.
(2) An individual who engages in conduct proscribed under
section 223(1), 224d, 227c, 227d, 231c, 232a(1) or (4), 233, 234,
234e, 234f, 235, 236, or 237, or who engages in conduct proscribed
under section 223(2) for the first time, in a weapon free school
zone is guilty of a misdemeanor punishable by 1 or more of the
following:
(a) Imprisonment for not more than the maximum term of
imprisonment authorized for the section violated or 93 days,
whichever is greater.
(b) Community service for not more than 100 hours.
(c) A fine of not more than $2,000.00 or the maximum fine
authorized for the section violated, whichever is greater.
(3) Subsections (1) and (2) do not apply to conduct proscribed
under a section enumerated in those subsections to the extent that
the proscribed conduct is otherwise exempted or authorized under
this chapter.
(4) Except as provided in subsection (5), an individual who
possesses a weapon in a weapon free school zone is guilty of a
misdemeanor punishable by 1 or more of the following:
(a) Imprisonment for not more than 93 days.
(b) Community service for not more than 100 hours.
(c) A fine of not more than $2,000.00.
(5) Subsection (4) does not apply to any of the following:
(a) An individual employed by or contracted by a school if the
possession of that weapon is to provide security services for the
school.
(b) A peace officer.
(c) An individual licensed by this state or another state to
carry a concealed weapon.
(d) An individual who possesses a weapon provided by a school
or a school's instructor on school property for purposes of
providing or receiving instruction in the use of that weapon.
(e) An individual who possesses a firearm on school property
if that possession is with the permission of the school's principal
or an agent of the school designated by the school's principal or
the school board.
(f) An individual who is 18 years of age or older who is not a
student at the school and who possesses a firearm on school
property while transporting a student to or from the school if any
of the following apply:
(i) The individual is carrying an antique firearm, completely
unloaded, in a wrapper or container in the trunk of a vehicle while
en route to or from a hunting or target shooting area or function
involving the exhibition, demonstration or sale of antique
firearms.
(ii) The individual is carrying a firearm unloaded in a
wrapper or container in the trunk of the person's vehicle, while in
possession of a valid Michigan hunting license or proof of valid
membership in an organization having shooting range facilities, and
while en route to or from a hunting or target shooting area.
(iii) The individual is carrying a firearm unloaded in a
wrapper or container in the trunk of the individual's vehicle from
the place of purchase to his or her home or place of business or to
a place of repair or back to his or her home or place of business,
or in moving goods from one place of abode or business to another
place of abode or business.
(iv) The individual is carrying an unloaded firearm in the
passenger compartment of a vehicle that does not have a trunk, if
the individual is otherwise complying with the requirements of
subparagraph (ii) or (iii) and the wrapper or container is not
readily accessible to the occupants of the vehicle.
(g) A teacher or other school employee carrying a self-defense
spray or foam device in the school where that teacher or other
school employee is employed.
(6) As used in this section:
(a) "Antique firearm" means either of the following:
(i) A firearm not designed or redesigned for using rimfire or
conventional center fire ignition with fixed ammunition and
manufactured in or before 1898, including a matchlock, flintlock,
percussion cap, or similar type of ignition system or a replica of
such a firearm, whether actually manufactured before or after the
year 1898.
(ii) A firearm using fixed ammunition manufactured in or
before 1898, for which ammunition is no longer manufactured in the
United States and is not readily available in the ordinary channels
of commercial trade.
(b) "School" means a public, private, denominational, or
parochial school offering developmental kindergarten, kindergarten,
or any grade from 1 through 12.
(c) "School property" means a building, playing field, or
property used for school purposes to impart instruction to children
or used for functions and events sponsored by a school, except a
building used primarily for adult education or college extension
courses.
(d) "Self-defense spray or foam device" means that term as
defined in section 224d.
(e)
(d) "Weapon" includes, but is not limited to,
a pneumatic
gun.
(f) (e)
"Weapon free school zone"
means school property and a
vehicle used by a school to transport students to or from school
property.
