HOUSE BILL No. 4735 April 30, 1997, Introduced by Reps. Bodem, Crissman, McBryde, Jellema, Dalman, Goschka, Gernaat, Horton, London, Profit and Cropsey and referred to the Committee on Judiciary. A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 479 and 479a (MCL 750.479 and 750.479a), section 479a as amended by 1996 PA 586, and by adding section 81c. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 SEC. 81C. (1) EXCEPT AS PROVIDED IN SUBSECTION (2), AN 2 INDIVIDUAL WHO ASSAULTS OR BATTERS A PEACE OFFICER IS GUILTY OF A 3 FELONY PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 2 YEARS OR A 4 FINE OF NOT MORE THAN $1,000.00, OR BOTH. 5 (2) AN INDIVIDUAL WHO ASSAULTS OR BATTERS A PEACE OFFICER 6 AND BY THAT ASSAULT OR BATTERY INFLICTS PHYSICAL INJURY ON THAT 7 PEACE OFFICER IS GUILTY OF A FELONY PUNISHABLE BY IMPRISONMENT 8 FOR 4 YEARS OR A FINE OF NOT MORE THAN $2,000.00, OR BOTH. THIS 9 SUBSECTION DOES NOT PROHIBIT THE INDIVIDUAL FROM BEING PROSECUTED 00204'97 * TVD 2 1 UNDER ANY OTHER APPLICABLE LAW IN LIEU OF BEING PROSECUTED UNDER 2 THIS SECTION. 3 (3) AS USED IN THIS SECTION, "PEACE OFFICER" MEANS ANY OF 4 THE FOLLOWING: 5 (A) A POLICE OFFICER OF THIS STATE OR OF A POLITICAL SUBDI- 6 VISION OF THIS STATE INCLUDING, BUT NOT LIMITED TO, A MOTOR CAR- 7 RIER OFFICER OF THE DEPARTMENT OF STATE POLICE. 8 (B) A POLICE OFFICER OF ANOTHER STATE OR OF A POLITICAL SUB- 9 DIVISION OF ANOTHER STATE. 10 (C) A POLICE OFFICER OF ANY ENTITY OF THE UNITED STATES. 11 (D) THE SHERIFF OF A COUNTY OF THIS STATE OR THE SHERIFF'S 12 DEPUTY. 13 (E) THE SHERIFF OF A POLITICAL SUBDIVISION OF ANOTHER STATE 14 OR THE SHERIFF'S DEPUTY. 15 (F) A PUBLIC SAFETY OFFICER OF A COLLEGE OR UNIVERSITY WHO 16 IS AUTHORIZED BY THE GOVERNING BOARD OF THAT COLLEGE OR UNIVER- 17 SITY TO ENFORCE THE LAW OF THIS STATE OR OF ANOTHER STATE AND THE 18 RULES AND ORDINANCES OF THAT COLLEGE OR UNIVERSITY. 19 (G) A CONSERVATION OFFICER OF THE DEPARTMENT OF NATURAL 20 RESOURCES. 21 (H) A CONSERVATION OFFICER OF ANOTHER STATE. 22 (I) A CONSERVATION OFFICER OF THE UNITED STATES DEPARTMENT 23 OF INTERIOR. 24 Sec. 479. (1)Resisting, etc., officer in discharge of25duty--AnyA personwho shall knowinglySHALL NOT DO ANY OF THE 26 FOLLOWING: 00204'97 * 3 1 (A) KNOWINGLY andwilfullyWILLFULLY obstruct, resist, or 2 opposeanyA sheriff,coronerMEDICAL EXAMINER, township 3 treasurer, constable, or other officer orpersonduly autho- 4 rized, inPERSON serving,or attempting to serve or execute 5 any process, rule, or order made or issued by lawful authority. 6, or who shall resist any7 (B) RESIST AN officerin the execution of anyENFORCING AN 8 ordinance,bylaw,or anyrule, order, or resolutionmade,9issued, or passed byOF the common council ofanyA city board 10 of trustees,orTHE common council or village council ofany11 AN incorporated village, or A township board of any township.or12who shall assault13 (C) ASSAULT, beat, or woundany sheriff, coronerA MEDICAL 14 EXAMINER, township treasurer,constableor otherofficerduly 15 authorized, whileOFFICER OTHER THAN A PEACE OFFICER serving 16,or attempting to serve or execute anysuchprocess, rule, 17 or order DESCRIBED IN THIS SECTION, or for having served,or 18 attempted to serve or executethe same, or who shall so19obstruct,ANY PROCESS, RULE, OR ORDER DESCRIBED IN THIS 20 SECTION. 21 (D) OBSTRUCT, resist, oppose, assault, beat, or wound any 22of the above named officers,INDIVIDUAL DESCRIBED IN THIS 23 SECTION or any otherperson or personsINDIVIDUAL authorized by 24 law to maintain and preserve the peace,intheirHIS OR HER 25 lawful acts, attempts,andOR efforts to maintain, preserve, 26 and keep the peace., shall be00204'97 * 4 1 (2) A PERSON WHO VIOLATES THIS SECTION IS guilty of a 2 misdemeanor,punishable by imprisonmentin the state prison3 FOR not more than 2 years,orbya fine of not more than 41,000 dollars$1,000.00, OR BOTH. 5 Sec. 479a. (1) A driver of a motor vehicle who is given by 6 hand, voice, emergency light, or siren a visual or audible signal 7 by a police or conservation officer, acting in the lawful per- 8 formance of his or her duty, directing the driver to bring his or 9 her motor vehicle to a stop shall not willfully fail to obey that 10 direction by increasing the speed of the vehicle, extinguishing 11 the lights of the vehicle, or otherwise attempting to flee or 12 elude the police or conservation officer. This subsection does 13 not apply unless the police or conservation officer giving the 14 signal is in uniform and the vehicle driven by the police or con- 15 servation officer is identified as an official police or depart- 16 ment of natural resources vehicle. 17 (2) Except as provided in subsection (3), (4), or (5), an 18 individual who violates subsection (1) is guilty of fourth-degree 19 fleeing and eluding, a felony punishable by imprisonment for not 20 more than 2 years or a fine of not more than $500.00, or both. 21 (3) Except as provided in subsection (4) or (5), an individ- 22 ual who violates subsection (1) is guilty of third-degree fleeing 23 and eluding, a felony punishable by imprisonment for not more 24 than 5 years or a fine of not more than $1,000.00, or both, if 1 25 or more of the following circumstances apply: 26 (a) The violation results in a collision or accident. 00204'97 * 5 1 (b) A portion of the violation occurred in an area where the 2 speed limit is 35 miles an hour or less, whether that speed limit 3 is posted or imposed as a matter of law. 4 (c) The individual has a prior conviction for fourth-degree 5 fleeing and eluding, attempted fourth-degree fleeing and eluding, 6 or fleeing and eluding under a current or former law of this 7 state prohibiting substantially similar conduct. 8 (4) Except as provided in subsection (5), an individual who 9 violates subsection (1) is guilty of second-degree fleeing and 10 eluding, a felony punishable by imprisonment for not more than 10 11 years or a fine of not more than $5,000.00, or both, if 1 or more 12 of the following circumstances apply: 13 (a) The violation results in serious injury to an 14 individual. 15 (b) The individual has 1 or more prior convictions for 16 first-, second-, or third-degree fleeing and eluding, attempted 17 first-, second-, or third-degree fleeing and eluding, or fleeing 18 and eluding under a current or former law of this state prohibit- 19 ing substantially similar conduct. 20 (c) The individual has any combination of 2 or more prior 21 convictions for fourth-degree fleeing and eluding, attempted 22 fourth-degree fleeing and eluding, or fleeing and eluding under a 23 current or former law of this state prohibiting substantially 24 similar conduct. 25 (5) If the violation results in the death of another indi- 26 vidual, an individual who violates subsection (1) is guilty of 27 first-degree fleeing and eluding, a felony punishable by 00204'97 * 6 1 imprisonment for not more than 15 years or a fine of not more 2 than $10,000.00, or both. 3(6) An individual who forcibly assaults or commits a bodily4injury requiring medical care or attention upon a peace or police5officer of this state while the peace or police officer is6engaged in making a lawful arrest, knowing him or her to be a7peace or police officer, is guilty of a misdemeanor punishable by8a fine of not more than $1,000.00 or imprisonment for not more9than 2 years, or both.10 (6)(7)As part of the sentence imposed under subsection 11 (2) or (3), the court shall order the secretary of state to sus- 12 pend the individual's operator's or chauffeur's license for a 13 period of 1 year. The individual is not eligible to receive a 14 restricted license during the first 6 months of the period of 15 suspension. If a term of imprisonment is served as a part of the 16 sentence, the period of suspension of the individual's license 17 shall begin after the completion of the term of imprisonment. 18 (7)(8)As part of the sentence imposed under subsection 19 (4) or (5), the court shall order the secretary of state to 20 revoke the individual's operator's or chauffeur's license. 21 (8)(9)Except as otherwise provided, a conviction under 22 this section does not prohibit a conviction and sentence under 23 any other applicable provision for conduct arising out of the 24 same transaction. A conviction under subsection (2), (3), (4), 25 or (5) prohibits a conviction under section 602a of the Michigan 26 vehicle code,Act No. 300 of the Public Acts of 1949, being00204'97 * 7 1section 257.602a of the Michigan Compiled Laws1949 PA 300, 2 MCL 257.602A, for conduct arising out of the same transaction. 3 (9)(10)As used in this section:, "serious4 (A) "POLICE OFFICER" INCLUDES, BUT IS NOT LIMITED TO, A 5 MOTOR CARRIER OFFICER OF THE DEPARTMENT OF STATE POLICE. 6 (B) "SERIOUS injury" means a physical injury that is not 7 necessarily permanent, but that constitutes serious bodily dis- 8 figurement or that seriously impairs the functioning of a body 9 organ or limb. Serious injury includes, but is not limited to, 1 10 or more of the following: 11 (i)(a)Loss of a limb or of use of a limb. 12 (ii)(b)Loss of a hand, foot, finger, or thumb or of use 13 of a hand, foot, finger, or thumb. 14 (iii)(c)Loss of an eye or ear or of use of an eye or 15 ear. 16 (iv)(d)Loss or substantial impairment of a bodily 17 function. 18 (v)(e)Serious visible disfigurement. 19 (vi)(f)A comatose state that lasts for more than 3 20 days. 21 (vii)(g)Measurable brain damage or mental impairment. 22 (viii)(h)A skull fracture or other serious bone 23 fracture. 24 (ix)(i)Subdural hemorrhage or hematoma. 00204'97 * Final page. TVD