Bill Text: MI HB6203 | 2017-2018 | 99th Legislature | Introduced


Bill Title: Crimes; assaultive; crime of assaulting a person performing job-related duties; expand to include health professionals and medical volunteers. Amends sec. 81d of 1931 PA 328 (MCL 750.81d).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2018-07-25 - Bill Electronically Reproduced 06/12/2018 [HB6203 Detail]

Download: Michigan-2017-HB6203-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 6203

 

 

June 12, 2018, Introduced by Rep. Vaupel and referred to the Committee on Law and 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 otherwise 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 or a medical volunteer 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, health professional, or

 

medical volunteer 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, health professional, or medical volunteer

 

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, health

 

professional, or medical volunteer 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) A hospital, health system, health care provider, or health

 

professional may elect to report a violent act to a local law

 

enforcement agency with jurisdiction to investigate alleged

 

criminal violations where the health facility or agency is located

 

if the violent act was committed by an individual with a disability

 

or disease and the violent act was a clear and direct manifestation

 

of the individual's health condition.

 

     (9) (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, or who is providing indirect patient care under the

 

direction of a hospital, health system, or health care provider.

 

     (b) "Medical volunteer" means an individual who is

 

volunteering at a hospital, in a health system, or with a health

 

care provider, whether operated by a governmental unit or a private

 

entity, and whose duties as a volunteer involve the provision of


direct patient care, or who is providing indirect patient care

 

under the direction of a hospital, health system, or health care

 

provider.

 

     (c) (a) "Obstruct" includes the use or threatened use of

 

physical interference or force or a knowing failure to comply with

 

a lawful command.

 

     (d) (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.

 

     (e) (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.

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