Bill Text: MI HB6090 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Crimes; other; bias-motivated crime; prohibit and provide penalties. Amends sec. 147b of 1931 PA 328 (MCL 750.147b) & adds sec. 377d.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-12-27 - Printed Bill Filed 12/13/2012 [HB6090 Detail]
Download: Michigan-2011-HB6090-Introduced.html
HOUSE BILL No. 6090
December 13, 2012, Introduced by Rep. Brown and referred to the Committee on Judiciary.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 147b (MCL 750.147b), as added by 1988 PA 371,
and by adding section 377d.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
147b. (1) A person is guilty of ethnic intimidation if
that
person maliciously, and with specific intent to intimidate or
harass
another person because of that person's race, color,
religion,
gender, or national origin, does any of the following:
(a)
Causes physical contact with another person.
(b)
Damages, destroys, or defaces any real or personal
property
of another person.
(c)
Threatens, by word or act, to do an act described in
subdivision
(a) or (b), if there is reasonable cause to believe
that
an act described in subdivision (a) or (b) will occur.
(2)
Ethnic intimidation is a felony punishable by imprisonment
for
not more than 2 years, or by a fine of not more than $5,000.00,
or
both.
(1) A person is guilty of a bias-motivated crime if the person
demonstrates the specific intent to target the victim of a
predicate crime based in whole or in part on 1 or more of the
following characteristics, regardless of whether or not the
perpetrator's belief or perception of the characteristic is
correct:
(a) Disability.
(b) Gender, gender identity, or expression of gender.
(c) National origin or ancestry.
(d) Race, color, or ethnicity.
(e) Religion.
(f) Sexual orientation.
(g) Status as a veteran.
(h) Age.
(i) Association with a person or group with 1 or more of the
characteristics in subdivisions (a) to (h).
(2) A predicate crime against private property is bias-
motivated if the perpetrator demonstrates the specific intent to
target the property because of a characteristic in subsection (1)
of any individual associated with the property.
(3) A predicate crime against public property is bias-
motivated if the perpetrator demonstrates the specific intent to
intimidate or harass 1 or more individuals because of a listed
characteristic.
(4) A bias-motivated crime is a felony punishable as follows:
(a) If the predicate crime is a misdemeanor, by imprisonment
for not more than 2 years or a fine of not more than $5,000.00, or
both.
(b) If the predicate crime is a felony, by imprisonment within
the statutory range established for the predicate crime except that
the minimum and maximum recommended sentencing range under the
sentencing guidelines for that crime shall be increased by 50% as
provided in section 21 of chapter XVII of the code of criminal
procedure, 1927 PA 175, MCL 777.21.
(5) A person shall not be convicted of both the lesser
included predicate crime and a bias-motivated crime charged under
this section. This section does not prohibit a person from being
charged with, convicted of, or sentenced for any other violation of
law arising out of the same criminal transaction.
(6) (3)
Regardless of the existence or
outcome of any criminal
prosecution, a person who suffers injury to his or her person or
damage
to his or her property as a result of ethnic intimidation a
bias-motivated crime may bring a civil cause of action against the
person who commits the offense to secure an injunction, actual
damages, including damages for emotional distress, or other
appropriate relief. A plaintiff who prevails in a civil action
brought
pursuant to under this section may recover both of the
following:
(a) Damages in the amount of 3 times the actual damages
described in this subsection or $2,000.00, whichever is greater.
(b) Reasonable attorney fees and costs.
(7) As used in this section:
(a) "Disability" means a determinable physical or mental
characteristic of an individual that may result from disease,
injury, congenital condition, or functional disorder that
substantially limits 1 or more of the individual's major life
activities.
(b) "Gender, gender identity, or expression of gender" means a
person's actual or perceived gender or gender-related appearance,
self-image, behavior, or expression, whether or not traditionally
associated with the person's assigned sex at birth.
(c) "Predicate crime" means a violation of any of the
following, but not if proof of a characteristic identified in
subsection (1)(a) to (h) is an element of the violation:
(i) Chapter X.
(ii) Chapter XI.
(iii) Chapter XXXIII.
(iv) Chapter XLV.
(v) Chapter LVI.
(vi) Chapter LXIV.
(vii) Chapter LXXVI.
(viii) Chapter LXXXIII-A.
(ix) Sections 223 to 234c.
(x) Section 240.
(xi) Section 411a(2).
(xii) Section 411h or 411i.
(xiii) Any other provision of this act that includes as an
element of the offense the specific intent to intimidate or harass
another person or persons.
(d) "Sexual orientation" means an orientation for
heterosexuality, homosexuality, or bisexuality or a history of or
identification with that orientation.
Sec. 377d. For purposes of sections 377a to 377c, 380, 383,
and 387, a person who, with intent to intimidate, does any of the
following on property without the express permission of the
property owner is considered to have injured or altered that
property, whether or not any physical damage is caused:
(a) Hangs, affixes, or otherwise places a noose on the
property.
(b) Burns, or places with intent to burn, a cross or cross-
shaped object on the property.
