Bill Text: MI HB5592 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Crimes; assaultive; assaulting certain health care professional; increase penalties. Amends sec. 81d of 1931 PA 328 (MCL 750.81d).
Spectrum: Partisan Bill (Republican 6-0)
Status: (Introduced - Dead) 2016-04-27 - Bill Electronically Reproduced 04/26/2016 [HB5592 Detail]
Download: Michigan-2015-HB5592-Introduced.html
HOUSE BILL No. 5592
April 26, 2016, Introduced by Reps. Callton, Canfield, Inman, Iden, VerHeulen and Bizon and referred to the Committee on Criminal Justice.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 81d (MCL 750.81d), as amended by 2006 PA 517.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
81d. (1) Except as provided in subsections (2), (3), and
(4),
this section, an individual who assaults, batters, wounds,
resists, obstructs, opposes, or endangers a person who the
individual knows or has reason to know is performing his or her
duties is guilty of a felony punishable by imprisonment for not
more than 2 years or a fine of not more than $2,000.00, or both.
(2) An individual who assaults, batters, wounds, or endangers
a health professional who the individual knows or has reason to
know is performing his or her duties is guilty of a felony
punishable by imprisonment for not more than 2 years or a fine of
not more than $2,000.00, or both.
(3) (2)
An individual who assaults,
batters, wounds, resists,
obstructs,
opposes, or endangers a person who the individual knows
or
has reason to know is performing his or her duties violates
subsection (1) or (2) causing a bodily injury requiring medical
attention or medical care to that person or health professional is
guilty of a felony punishable by imprisonment for not more than 4
years or a fine of not more than $5,000.00, or both.
(4) (3)
An individual who assaults, batters,
wounds, resists,
obstructs,
opposes, or endangers a person who the individual knows
or
has reason to know is performing his or her duties violates
subsection (1) or (2) causing a serious impairment of a body
function of that person or health professional 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.
(5) (4)
An individual who assaults,
batters, wounds, resists,
obstructs,
opposes, or endangers a person who the individual knows
or
has reason to know is performing his or her duties violates
subsection (1) or (2) causing the death of that person or health
professional is guilty of a felony punishable by imprisonment for
not more than 20 years or a fine of not more than $20,000.00, or
both.
(6) (5)
This section does not prohibit an
individual from
being charged with, convicted of, or punished for any other
violation of law that is committed by that individual while
violating this section.
(7) (6)
A term of imprisonment imposed for
a violation of this
section may run consecutively to any term of imprisonment imposed
for another violation arising from the same transaction.
(8) (7)
As used in this section:
(a) "Health professional" means an individual who is employed
by a hospital, health system, or health care provider, whether
operated by a governmental unit or a private entity, and whose
duties within the scope of that employment involve the provision of
direct patient care and require licensure, certification, or other
regulation under the public health code, 1978 PA 368, MCL 333.1101
to 333.25211, or supervision by another individual who is regulated
under the public health code, 1978 PA 368, MCL 333.1101 to
333.25211.
(b) (a)
"Obstruct" includes the
use or threatened use of
physical interference or force or a knowing failure to comply with
a lawful command.
(c) (b)
"Person" means any of the
following:
(i) A police officer of this state or of a political
subdivision of this state including, but not limited to, a motor
carrier officer or capitol security officer of the department of
state police.
(ii) A police officer of a junior college, college, or
university who is authorized by the governing board of that junior
college, college, or university to enforce state law and the rules
and ordinances of that junior college, college, or university.
(iii) A conservation officer of the department of natural
resources or the department of environmental quality.
(iv) A conservation officer of the United States department
of
the
interior.Department of the
Interior.
(v) A sheriff or deputy sheriff.
(vi) A constable.
(vii) A peace officer of a duly authorized police agency of
the United States, including, but not limited to, an agent of the
secret
service Secret Service or department of justice.Department
of Justice.
(viii) A firefighter.
(ix) Any emergency medical service personnel described in
section 20950 of the public health code, 1978 PA 368, MCL
333.20950.
(x) An individual engaged in a search and rescue operation as
that term is defined in section 50c.
(d) (c)
"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.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
