August 20, 2019, Introduced by Senator HOLLIER and referred to the Committee on Judiciary and Public Safety.
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), 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, resists,
obstructs,
opposes, or endangers a person who
the individual knows
or has reason to know is performing his or her duties causing a
bodily injury requiring medical attention or medical care to that
person 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.
(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 causing a
serious impairment of a body function of that person 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.
(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 causing the
death of that person 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.
(5) An individual who obstructs a person who the individual
knows or has reason to know is performing his or her duties is
guilty of a misdemeanor punishable by imprisonment for not more
than 1 year or a fine of not more than $100.00, 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) "Obstruct" includes the use or threatened use of physical
interference or force or a knowing failure to comply with a lawful
command.
(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 or 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.
(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.