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 - Dead) 2018-08-15 - 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.
