Bill Text: MI HB4323 | 2023-2024 | 102nd Legislature | Introduced


Bill Title: Law enforcement: other; 21-foot protection zone around a patrol vehicle; create. Amends 1931 PA 328 (MCL 750.1 - 750.568) by adding sec. 479d.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Introduced) 2023-03-23 - Bill Electronically Reproduced 03/22/2023 [HB4323 Detail]

Download: Michigan-2023-HB4323-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL NO. 4323

March 22, 2023, Introduced by Reps. DeSana, Fox, DeBoyer, Bezotte and Friske and referred to the Committee on Criminal Justice.

A bill to amend 1931 PA 328, entitled

"The Michigan penal code,"

(MCL 750.1 to 750.568) by adding section 479d.

the people of the state of michigan enact:

Sec. 479d. (1) Except as otherwise provided in this section, an individual who comes within 21 feet of a law enforcement officer's parked patrol vehicle, while the law enforcement officer is carrying out the law enforcement officer's duties as a law enforcement officer, after being instructed not to come within 21 feet of the law enforcement officer's patrol vehicle is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $600.00, or both.

(2) This section does not apply to any of the following individuals or circumstances:

(a) An individual being detained, searched, or arrested by a law enforcement officer.

(b) An individual explicitly permitted to speak with the law enforcement officer and come within 21 feet of the patrol vehicle, so long as the individual returns to a distance of not less than 21 feet when requested to do so by the law enforcement officer.

(c) An individual merely traversing near the location where a law enforcement officer's patrol vehicle is parked and unknowingly entering the 21-foot protection area.

(d) If a law enforcement officer's patrol vehicle is parked in a location where no active investigation or law enforcement business is being conducted by the law enforcement officer.

Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.

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