HOUSE BILL No. 5368


     November 13, 1997, Introduced by Reps. Hale, Kilpatrick, Rison, Bogardus, Leland, Parks, Palamara, Profit, Price, Schroer, Brater, Hanley, Hood, Prusi, Anthony, Scott, Murphy, Schermesser, Gubow, Freeman, Willard, Emerson, Martinez, LaForge, Tesanovich, Vaughn, Stallworth, Basham, Wallace, Griffin, Brewer, Gagliardi, Agee and Baird and referred to the
Committee on House Oversight and Ethics.


        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.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 147b.  (1) A person is guilty of ethnic intimidation if

 2    that person maliciously  , and with  DOES ANY OF THE FOLLOWING:

 3         (A) WITH specific intent to intimidate or harass another

 4    person because of that person's race, color, religion, gender, or

 5    national origin,  does any of the following:  (a) Causes  CAUSES

 6    physical contact with another person,  .  (b) Damages  DAMAGES,

 7    destroys, or defaces any real or personal property of another

 8    person,  .  (c) Threatens  OR THREATENS, by word or act, to  do 

 9    ENGAGE IN an act described in THIS subdivision  (a) or (b),  if




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 1    there is reasonable cause to believe that an act described in

 2    THIS subdivision  (a) or (b)  will occur.

 3         (B) USES PICTURES OR WORDS IN A CAMPAIGN FOR ELECTED OFFICE

 4    THAT MAKE DEROGATORY INFERENCES ABOUT AN INDIVIDUAL'S RACE,

 5    COLOR, RELIGION, GENDER, OR NATIONAL ORIGIN, OR MAKE DEROGATORY

 6    INFERENCES ABOUT AN INDIVIDUAL'S ASSOCIATION WITH PERSONS OF

 7    ANOTHER RACE, COLOR, RELIGION, GENDER, OR NATIONAL ORIGIN.  AS

 8    USED IN THIS SUBDIVISION, "CAMPAIGN FOR ELECTED OFFICE" INCLUDES

 9    THE PERSON'S OWN CAMPAIGN OR THE CAMPAIGN OF ANOTHER.

10         (2) Ethnic intimidation is a felony punishable by imprison-

11    ment for not more than 2 years, or by a fine of not more than

12    $5,000.00, or both.

13         (3) Regardless of the existence or outcome of any criminal

14    prosecution, a person who suffers injury to his or her person or

15    damage to his or her property as a result of ethnic intimidation

16    may bring a civil cause of action against the person who commits

17    the offense to secure an injunction, actual damages, including

18    damages for emotional distress, or other appropriate relief.  A

19    plaintiff who prevails in a civil action brought pursuant to this

20    section may recover both of the following:

21         (a) Damages in the amount of 3 times the actual damages

22    described in this subsection or $2,000.00, whichever is greater.

23         (b) Reasonable attorney fees and costs.











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