HOUSE BILL No. 4205


     February 9, 1999, Introduced by Reps. Rick Johnson, Green, Bovin, Mortimer, Tabor, Bradstreet, Shackleton and Allen and referred to the Committee on Criminal Law and Corrections.


        A bill to amend 1931 PA 328, entitled

   "The Michigan penal code,"

   by amending section 115 (MCL 750.115).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 115.  (1) Any person who  shall break and enter, or

 2     shall enter  BREAKS AND ENTERS OR ENTERS without breaking, any

 3    dwelling, house, tent, hotel, office, store, shop, warehouse,

 4    barn, granary, factory or other building, boat, ship, railroad

 5    car or structure used or kept for public or private use, or any

 6    private apartment therein, or any cottage, clubhouse, boat house,

 7    hunting or fishing lodge, garage or the out-buildings belonging

 8    thereto, ANY ICE SHANTY, or any other structure, whether occupied

 9    or unoccupied, without first obtaining permission to enter from

10    the owner or occupant, agent, or person having immediate control




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 1    thereof,  shall be  IS guilty of a misdemeanor.  :  Provided,

 2     That this section shall 

 3         (2) SUBSECTION (1) DOES not apply to entering without break-

 4    ing, any place which at the time of  such  THE entry was open to

 5    the public, unless  such  THE entry  has been  WAS expressly

 6    denied.  This section shall not apply in cases where  SUBSECTION

 7    (1) DOES NOT APPLY IF the breaking and entering or entering with-

 8    out breaking  were  WAS committed by a peace officer or  some

 9     one  AN INDIVIDUAL under  his  THE PEACE OFFICER'S direction in

10    the lawful performance of his OR HER duties as  such  A peace

11    officer.


































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