Bill Text: MI SB0497 | 2009-2010 | 95th Legislature | Introduced

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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) 2009-04-30 - Referred To Committee On Judiciary [SB0497 Detail]

Download: Michigan-2009-SB0497-Introduced.html

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SENATE BILL No. 497

 

 

April 30, 2009, Introduced by Senator CLARKE 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

 

selects the target of a predicate crime based 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.

 

     (c) National origin or ancestry.

 

     (d) Race, color, or ethnicity.

 

     (e) Religion.

 

     (f) Sexual orientation, gender identity, or expression of

 

gender.

 

     (g) Association with a person or group with 1 or more of the

 

characteristics in subdivisions (a) to (f).

 

     (2) A predicate crime against private property is bias-

 

motivated if the perpetrator targets the property because of a

 

characteristic listed 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 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 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) "Predicate crime" means a violation of any of the

 

following, but not if proof of a characteristic identified in

 

subsection (1)(a) to (f) 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.

 

     Sec. 377d. For purposes of sections 377a to 377c, 380, 383,

 

and 387, a person who does any of the following on the property of

 

another person without that person's consent is considered to have

 

injured or altered that property, whether or not any physical

 

damage is caused:

 

     (a) Hangs or otherwise displays a noose on the property.

 

     (b) Burns, or erects with intent to burn, a cross or cross-

 

shaped object on the property.

 

     (c) Places or displays on the property an object or symbol

 

that is historically or generally understood as intended to

 

intimidate, threaten, or harass.