SENATE BILL NO. 990 March 3, 1998, Introduced by Senator BULLARD and referred to the Committee on Judiciary. A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 367c, 382, and 479a (MCL 750.367c, 750.382, and 750.479a), section 367c as added by 1982 PA 63, section 382 as amended by 1980 PA 159, and section 479a as amended by 1996 PA 586. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 367c.ATHE SECRETARY OF STATE SHALL SUSPEND THE 2 OPERATOR'S OR CHAUFFEUR'S LICENSE OF A personwho isconvicted 3 of an offense under this chapter involving the theft of motor 4 vehicle fuel, which theftTHAT occurred by pumping the fuel 5 into a motor vehicle,may have his or her license to operate a6vehicle in this state suspended for up to 1 year in addition to7any other penalty imposed for the offenseAS PROVIDED IN 8 SECTION 319 OF THE MICHIGAN VEHICLE CODE, 1949 PA 300, 05781'98 JOJ 2 1 MCL 257.319. The personwhose operator's or chauffeur's license2is ordered suspended pursuant to this sectionshall immediately 3 surrenderthatHIS OR HER OPERATOR'S OR CHAUFFEUR'S license to 4 the court. The court shall immediately forward the license and a 5 certificate of conviction to the secretary of state.The cer-6tificate of conviction shall indicate the sentence imposed under7this section.8 Sec. 382. (1) A person whowilfullyWILLFULLY and mali- 9 ciously, or wantonly and without cause, cuts down, destroys, or 10 injures any tree, shrub, grass, turf, plants, crops, or soil of 11 another PERSON that is standing, growing, or located on the land 12 of another PERSON is guilty of a misdemeanor,punishable by 13 imprisonment for not more than 90 days,OR a fine of not more 14 than $100.00, or both. A person convicted under this subsection 15 shall be required to make restitution for any damage done. 16 (2)ATHE SECRETARY OF STATE SHALL SUSPEND THE OPERATOR'S 17 OR CHAUFFEUR'S LICENSE OF A person convicted under subsection (1) 18 who committed the offense with a vehicle, asdefined in section1979 of Act No. 300 of the Public Acts of 1949, being section20257.79 of the Michigan Compiled Laws, may have his or her license21to operate a vehicle in this state suspended for up to 1 year in22addition to a penalty imposed under subsection (1)PROVIDED IN 23 SECTION 319 OF THE MICHIGAN VEHICLE CODE, 1949 PA 300, 24 MCL 257.319. AS USED IN THIS SUBSECTION, "VEHICLE" MEANS THAT 25 TERM AS DEFINED IN SECTION 79 OF THE MICHIGAN VEHICLE CODE, 1949 26 PA 300, MCL 257.79. 05781'98 3 1 Sec. 479a. (1) A driver of a motor vehicle who is given by 2 hand, voice, emergency light, or siren a visual or audible signal 3 by a police or conservation officer, acting in the lawful per- 4 formance of his or her duty, directing the driver to bring his or 5 her motor vehicle to a stop shall not willfully fail to obey that 6 direction by increasing the speed of the vehicle, extinguishing 7 the lights of the vehicle, or otherwise attempting to flee or 8 elude the police or conservation officer. This subsection does 9 not apply unless the police or conservation officer giving the 10 signal is in uniform and the OFFICER'S vehicledriven by the11police or conservation officeris identified as an official 12 police or department of natural resources vehicle. 13 (2) Except as provided in subsection (3), (4), or (5), an 14 individual who violates subsection (1) is guilty of fourth-degree 15 fleeing and eluding, a felony punishable by imprisonment for not 16 more than 2 years or a fine of not more than $500.00, or both. 17 (3) Except as provided in subsection (4) or (5), an individ- 18 ual who violates subsection (1) is guilty of third-degree fleeing 19 and eluding, a felony punishable by imprisonment for not more 20 than 5 years or a fine of not more than $1,000.00, or both, if 1 21 or more of the following circumstances apply: 22 (a) The violation results in a collision or accident. 23 (b) A portion of the violation occurred in an area where the 24 speed limit is 35 miles an hour or less, whether that speed limit 25 is posted or imposed as a matter of law. 26 (c) The individual has a prior conviction for fourth-degree 27 fleeing and eluding, attempted fourth-degree fleeing and eluding, 05781'98 4 1 or fleeing and eluding under a current or former law of this 2 state prohibiting substantially similar conduct. 3 (4) Except as provided in subsection (5), an individual who 4 violates subsection (1) is guilty of second-degree fleeing and 5 eluding, a felony punishable by imprisonment for not more than 10 6 years or a fine of not more than $5,000.00, or both, if 1 or more 7 of the following circumstances apply: 8 (a) The violation results in serious injury to an 9 individual. 10 (b) The individual has 1 or more prior convictions for 11 first-, second-, or third-degree fleeing and eluding, attempted 12 first-, second-, or third-degree fleeing and eluding, or fleeing 13 and eluding under a current or former law of this state prohibit- 14 ing substantially similar conduct. 15 (c) The individual has any combination of 2 or more prior 16 convictions for fourth-degree fleeing and eluding, attempted 17 fourth-degree fleeing and eluding, or fleeing and eluding under a 18 current or former law of this state prohibiting substantially 19 similar conduct. 20 (5) If the violation results in the death of another indi- 21 vidual, an individual who violates subsection (1) is guilty of 22 first-degree fleeing and eluding, a felony punishable by impris- 23 onment for not more than 15 years or a fine of not more than 24 $10,000.00, or both. 25 (6) An individual who forcibly assaults or commits a bodily 26 injury requiring medical care or attention upon a peace or police 27 officer of this state while the peace or police officer is 05781'98 5 1 engaged in making a lawful arrest, knowing him or her to be a 2 peace or police officer, is guilty of a misdemeanor punishable by 3 a fine of not more than $1,000.00 or imprisonment for not more 4 than 2 years, or both. 5 (7)As part of the sentence imposedFOR A CONVICTION under 6 subsection (2) or (3),the court shall orderthe secretary of 7 statetoSHALL suspend the individual's operator's or 8 chauffeur's licensefor a period of 1 year. The individual is9not eligible to receive a restricted license during the first 610months of the period of suspension. If a term of imprisonment is11served as a part of the sentence, the period of suspension of the12individual's license shall begin after the completion of the term13of imprisonmentAS PROVIDED IN SECTION 319 OF THE MICHIGAN VEHI- 14 CLE CODE, 1949 PA 300, MCL 257.319. 15 (8)As part of the sentence imposedFOR A CONVICTION under 16 subsection (4) or (5),the court shall orderthe secretary of 17 statetoSHALL revoke the individual's operator's or 18 chauffeur's license AS PROVIDED IN SECTION 303 OF THE MICHIGAN 19 VEHICLE CODE, 1949 PA 300, MCL 257.303. 20 (9) Except as otherwise provided, a conviction under this 21 section does not prohibit a conviction and sentence under any 22 other applicable provision for conduct arising out of the same 23 transaction. A conviction under subsection (2), (3), (4), or (5) 24 prohibits a conviction under section 602a of the Michigan vehicle 25 code,Act No. 300 of the Public Acts of 1949, being section26257.602a of the Michigan Compiled Laws1949 PA 300, 27 MCL 257.602A, for conduct arising out of the same transaction. 05781'98 6 1 (10) As used in this section, "serious injury" means a 2 physical injury that is not necessarily permanent, but that con- 3 stitutes serious bodily disfigurement or that seriously impairs 4 the functioning of a body organ or limb. Serious injury 5 includes, but is not limited to, 1 or more of the following: 6 (a) Loss of a limb or of use of a limb. 7 (b) Loss of a hand, foot, finger, or thumb or of use of a 8 hand, foot, finger, or thumb. 9 (c) Loss of an eye or ear or of use of an eye or ear. 10 (d) Loss or substantial impairment of a bodily function. 11 (e) Serious visible disfigurement. 12 (f) A comatose state that lasts for more than 3 days. 13 (g) Measurable brain damage or mental impairment. 14 (h) A skull fracture or other serious bone fracture. 15 (i) Subdural hemorrhage or hematoma. 16 Enacting section 1. This amendatory act takes effect May 1, 17 1998. 18 Enacting section 2. This amendatory act does not take 19 effect unless all of the following bills of the 89th Legislature 20 are enacted into law: 21 (a) Senate Bill No. 268. 22 (b) Senate Bill No. 269. 23 (c) Senate Bill No. 271. 24 (d) Senate Bill No. 625. 25 (e) Senate Bill No. 626. 26 (f) Senate Bill No. 627. 05781'98 7 1 (g) Senate Bill No. 870. 2 (h) Senate Bill No. 953. 3 (i) Senate Bill No. 989. 4 5 (j) Senate Bill No. 991. 6 05781'98 Final page. JOJ