Bill Text: MI SB0910 | 2009-2010 | 95th Legislature | Introduced
Bill Title: State agencies (existing); natural resources; powers and duties of the department of environmental quality under penal code; transfer to the department of natural resources. Amends secs. 81d & 224a of 1931 PA 328 (MCL 750.81d & 750.224a). TIE BAR WITH: SB 0807'09
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2009-12-02 - Referred To Committee On Government Operations [SB0910 Detail]
Download: Michigan-2009-SB0910-Introduced.html
SENATE BILL No. 910
October 20, 2009, Introduced by Senator McMANUS and referred to the Committee on Appropriations.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending sections 81d and 224a (MCL 750.81d and 750.224a),
section 81d as amended by 2006 PA 517 and section 224a as amended
by 2006 PA 457.
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) 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.
(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.
(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.
(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.
Sec. 224a. (1) Except as otherwise provided in this section, a
person shall not sell, offer for sale, or possess in this state a
portable device or weapon from which an electrical current,
impulse, wave, or beam may be directed, which current, impulse,
wave, or beam is designed to incapacitate temporarily, injure, or
kill.
(2) This section does not prohibit any of the following:
(a) The possession and reasonable use of a device that uses
electro-muscular disruption technology by any of the following
individuals, if the individual has been trained in the use,
effects, and risks of the device, and is using the device while
performing his or her official duties:
(i) A peace officer.
(ii) An employee of the department of corrections who is
authorized in writing by the director of the department of
corrections to possess and use the device.
(iii) A local corrections officer authorized in writing by the
county sheriff to possess and use the device.
(iv) An individual employed by a local unit of government that
utilizes a jail or lockup facility who has custody of persons
detained or incarcerated in the jail or lockup facility and who is
authorized in writing by the chief of police, director of public
safety, or sheriff to possess and use the device.
(v) A probation officer.
(vi) A court officer.
(vii) A bail agent authorized under section 167b.
(viii) A licensed private investigator.
(ix) An aircraft pilot or aircraft crew member.
(x) An individual employed as a private security police
officer. As used in this subparagraph, "private security police"
means that term as defined in section 2 of the private security
business and security alarm act, 1968 PA 330, MCL 338.1052.
(b) Possession solely for the purpose of delivering a device
described in subsection (1) to any governmental agency or to a
laboratory for testing, with the prior written approval of the
governmental agency or law enforcement agency and under conditions
determined to be appropriate by that agency.
(3) A manufacturer, authorized importer, or authorized dealer
may demonstrate, offer for sale, hold for sale, sell, give, lend,
or deliver a device that uses electro-muscular disruption
technology to a person authorized to possess a device that uses
electro-muscular disruption technology and may possess a device
that uses electro-muscular disruption technology for any of those
purposes.
(4) A person who violates this section is guilty of a felony
punishable by imprisonment for not more than 4 years or a fine of
not more than $2,000.00, or both.
(5) As used in this section:
(a) "A device that uses electro-muscular disruption
technology" means a device to which all of the following apply:
(i) The device is capable of creating an electro-muscular
disruption and is used or intended to be used as a defensive device
capable of temporarily incapacitating or immobilizing a person by
the direction or emission of conducted energy.
(ii) The device contains an identification and tracking system
that, when the device is initially used, dispenses coded material
traceable to the purchaser through records kept by the
manufacturer.
(iii) The manufacturer of the device has a policy of providing
the identification and tracking information described in
subparagraph (ii) to a police agency upon written request by that
agency.
(b) "Local corrections officer" means that term as defined in
section 2 of the local corrections officers training act, 2003 PA
125, MCL 791.532.
(c) "Peace officer" means any of the following:
(i) A police officer or public safety officer of this state or
a political subdivision of this state, including motor carrier
officers appointed under section 6d of 1935 PA 59, MCL 28.6d, and
security personnel employed by the state under section 6c of 1935
PA 59, MCL 28.6c.
(ii) A sheriff or a sheriff's deputy.
(iii) A police officer or public safety 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.
(iv) A township constable.
(v) A marshal of a city, village, or township.
(vi) A conservation officer of the department of natural
resources. or
the department of environmental quality.
(vii) A law enforcement officer of another state or of a
political subdivision of another state or a junior college,
college, or university in another state, substantially
corresponding to a law enforcement officer described in
subparagraphs (i) to (vi).
(viii) A federal law enforcement officer.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 807
of the 95th Legislature is enacted into law.
