Bill Text: MI HB4482 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Crimes; fleeing and eluding; penalties for crime of fleeing and eluding a law enforcement officer; provide mandatory minimum sentence. Amends sec. 479a of 1931 PA 328 (MCL 750.479a).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-03-04 - Printed Bill Filed 03/04/2009 [HB4482 Detail]
Download: Michigan-2009-HB4482-Introduced.html
HOUSE BILL No. 4482
March 3, 2009, Introduced by Rep. Espinoza and referred to the Committee on Judiciary.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 479a (MCL 750.479a), as amended by 2002 PA 270.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 479a. (1) A driver of a motor vehicle who is given by
hand, voice, emergency light, or siren a visual or audible signal
by a police or conservation officer, acting in the lawful
performance of his or her duty, directing the driver to bring his
or her motor vehicle to a stop shall not willfully fail to obey
that direction by increasing the speed of the vehicle,
extinguishing the lights of the vehicle, or otherwise attempting to
flee or elude the police or conservation officer. This subsection
does not apply unless the police or conservation officer giving the
signal is in uniform and the officer's vehicle is identified as an
official police or department of natural resources vehicle.
(2) Except as provided in subsection (3), (4), or (5), an
individual who violates subsection (1) is guilty of fourth-degree
fleeing
and eluding, a felony, punishable and shall be punished by
imprisonment
for not more than 2 years, or and
may be punished by a
fine
of not more than $2,000.00. , or both.
(3) Except as provided in subsection (4) or (5), an individual
who violates subsection (1) is guilty of third-degree fleeing and
eluding,
a felony, punishable and shall be punished by
imprisonment
for
not less than 2 years or more than 5 years, or and may be
punished
by a fine of not more than $5,000.00, or
both, if 1 or
more of the following circumstances apply:
(a) The violation results in a collision or accident.
(b) A portion of the violation occurred in an area where the
speed limit is 35 miles an hour or less, whether that speed limit
is posted or imposed as a matter of law.
(c) The individual has a prior conviction for fourth-degree
fleeing and eluding, attempted fourth-degree fleeing and eluding,
or fleeing and eluding under a current or former law of this state
prohibiting substantially similar conduct.
(4) Except as provided in subsection (5), an individual who
violates subsection (1) is guilty of second-degree fleeing and
eluding,
a felony, punishable and shall be punished by
imprisonment
for
not less than 2 years or more than 10 years, or and may be
punished
by a fine of not more than $10,000.00, or
both, if 1 or
more of the following circumstances apply:
(a) The violation results in serious impairment of a body
function of an individual.
(b) The individual has 1 or more prior convictions for first-,
second-, or third-degree fleeing and eluding, attempted first-,
second-, or third-degree fleeing and eluding, or fleeing and
eluding under a current or former law of this state prohibiting
substantially similar conduct.
(c) The individual has any combination of 2 or more prior
convictions for fourth-degree fleeing and eluding, attempted
fourth-degree fleeing and eluding, or fleeing and eluding under a
current or former law of this state prohibiting substantially
similar conduct.
(5) If the violation results in the death of another
individual, an individual who violates subsection (1) is guilty of
first-degree
fleeing and eluding, a felony, punishable and shall be
punished by imprisonment for not less than 2 years or more than 15
years, or
and may be punished by a fine of not more than
$15,000.00. ,
or both.
(6) Upon a conviction for a violation or attempted violation
under subsection (2) or (3), the secretary of state shall suspend
the individual's operator's or chauffeur's license as provided in
section 319 of the Michigan vehicle code, 1949 PA 300, MCL 257.319.
(7) Upon a conviction for a violation or attempted violation
under subsection (4) or (5), the secretary of state shall revoke
the individual's operator's or chauffeur's license as provided in
section 303 of the Michigan vehicle code, 1949 PA 300, MCL 257.303.
(8) Except as otherwise provided, a conviction under this
section does not prohibit a conviction and sentence under any other
applicable provision for conduct arising out of the same
transaction. A conviction under subsection (2), (3), (4), or (5)
prohibits a conviction under section 602a of the Michigan vehicle
code, 1949 PA 300, MCL 257.602a, for conduct arising out of the
same transaction.
(9) As used in this section, "serious impairment of a body
function" means that term as defined in section 58c of the Michigan
vehicle code, 1949 PA 300, MCL 257.58c.
