HOUSE BILL No. 5295


     October 21, 1997, Introduced by Reps. Whyman, Voorhees, Horton, Goschka, Walberg, Lowe, Gernaat, McBryde, Jellema, Mans, London, Raczkowski, Bodem and Kukuk and referred to the Committee on Judiciary.


        A bill to amend 1961 PA 236, entitled

   "Revised judicature act of 1961,"

   (MCL 600.101 to 600.9948) by adding sections 2964 and 2965.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         SEC. 2964.  (1) A PERSON WHO COMMITS OR ATTEMPTS TO COMMIT

 2    SUICIDE IN VIOLATION OF A LAW OF THIS STATE OR WHO ASSISTS

 3    ANOTHER PERSON TO COMMIT OR ATTEMPT TO COMMIT SUICIDE IN VIOLA-

 4    TION OF A LAW OF THIS STATE IS RESPONSIBLE FOR PAYING THE ACTUAL

 5    AND REASONABLE COSTS INCURRED BY THE COUNTY MEDICAL EXAMINER AND

 6    EACH POLICE AGENCY FOR INVESTIGATING THAT SUICIDE.  AS USED IN

 7    THIS SECTION, "COSTS" INCLUDES, BUT IS NOT LIMITED TO, ALL OF THE

 8    FOLLOWING:

 9         (A) THE COSTS OF PERSONNEL NEEDED TO INVESTIGATE THE

10    SUICIDE, INCLUDING, BUT NOT LIMITED TO, THE COSTS OF SUPPORT

11    PERSONNEL.


   04156'97                                                 TVD
                                              2

 1         (B) THE COSTS OF ANY EQUIPMENT OR MATERIAL EXPENDED TO

 2    CONDUCT THE INVESTIGATION.

 3         (C) THE COSTS OF PROPERLY REMOVING, TRANSPORTING, AND DIS-

 4    POSING OF THE BODY.

 5         (2) THIS STATE OR A LOCAL UNIT OF GOVERNMENT OF THIS STATE

 6    THAT INCURS COSTS RECOVERABLE UNDER SUBSECTION (1) MAY INITIATE A

 7    CIVIL CAUSE OF ACTION AGAINST THE PERSON OR HIS OR HER ESTATE

 8    UNDER THIS SECTION TO RECOVER THOSE COSTS.

 9         SEC. 2965.  (1) A PERSON SHALL NOT DO EITHER OF THE

10    FOLLOWING:

11         (A) COMMIT OR ATTEMPT TO COMMIT SUICIDE ON THE PROPERTY OF

12    ANOTHER PERSON WITHOUT THE WRITTEN PERMISSION OF THE PROPERTY

13    OWNER.

14         (B) ASSIST ANOTHER PERSON TO COMMIT OR ATTEMPT TO COMMIT

15    SUICIDE ON THE PROPERTY OF ANOTHER PERSON WITHOUT THE WRITTEN

16    PERMISSION OF THE PROPERTY OWNER.

17         (2) A PERSON WHO VIOLATES SUBSECTION (1), OR HIS OR HER

18    ESTATE, IS RESPONSIBLE FOR PAYING 3 TIMES THE DAMAGES INCURRED BY

19    THE PROPERTY OWNER AS A RESULT OF THE SUICIDE OR ATTEMPT TO

20    COMMIT SUICIDE ON THAT PROPERTY OR $10,000.00 WHICHEVER IS GREAT-

21    ER, PLUS COURT COSTS AND ACTUAL AND REASONABLE ATTORNEY FEES.

22    DAMAGES THAT MAY BE RECOVERED UNDER THIS SECTION INCLUDE, BUT ARE

23    NOT LIMITED TO, ALL OF THE FOLLOWING:

24         (A) THE COSTS OF MATERIAL AND LABOR.

25         (B) LOSS OF BUSINESS REVENUE.

26         (3) AS USED IN THIS SECTION, "PROPERTY OF ANOTHER PERSON"

27    MEANS PUBLIC OR PRIVATE PERSONAL OR REAL PROPERTY THAT BELONGS TO



   04156'97
                                   3

 1    A PERSON OTHER THAN THE PERSON COMMITTING OR ATTEMPTING TO COMMIT

 2    SUICIDE OR THE PERSON ASSISTING THAT PERSON TO COMMIT OR ATTEMPT

 3    TO COMMIT SUICIDE.


















































   04156'97          Final page.                            TVD