HOUSE BILL No. 4439


     March 5, 1997, Introduced by Reps. DeHart, Schermesser, Goschka, Callahan, Kelly, Parks and McBryde and referred to the Committee on Judiciary.


        A bill to amend 1931 PA 328, entitled

   "The Michigan penal code,"

   by amending section 529a (MCL 750.529a), as added by 1994 PA

   191.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 529a.  (1) A person who by force or violence,  or  by

 2    threat of force or violence, or by  putting in  INCITING fear

 3    robs, steals, or takes a motor vehicle as defined in section 412

 4    from another person, in the presence of that person,  or the

 5     presence of  a passenger, or  in the presence of  any other

 6    person in lawful possession of the motor vehicle, is guilty of

 7    carjacking, a felony punishable by imprisonment for life or for

 8    any term of years.






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 1         (2) A PERSON SENTENCED TO IMPRISONMENT FOR LIFE OR TO A

 2    MINIMUM TERM OF IMPRISONMENT FOR A VIOLATION OF THIS SECTION IS

 3    NOT ELIGIBLE FOR PAROLE DURING THAT TERM OF IMPRISONMENT.

 4         (3)  (2)  A sentence imposed for a violation of this section

 5    may be imposed to run consecutively to any other sentence imposed

 6    for a conviction that arises out of the same transaction.

 7         Enacting section 1.  This amendatory act applies to prison-

 8    ers sentenced on or after April 1, 1997.

 9         Enacting section 2.  This amendatory act takes effect April

10    1, 1997.

11         Enacting section 3.  This amendatory act does not take

12    effect unless Senate Bill No. _____ or House Bill No. _____

13    (request no. 00772'97 a) of the 89th Legislature is enacted into

14    law.





























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