HOUSE BILL No. 5440


     November 1, 2001, Introduced by Reps. Faunce, Raczkowski, Kooiman, Julian, Howell, Woronchak, Sanborn and Mortimer and referred to the
Committee on Criminal Justice.


        A bill to amend 1931 PA 328, entitled

   "The Michigan penal code,"

   (MCL 750.1 to 750.568) by adding section 81d.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           SEC. 81D.  (1) EXCEPT AS PROVIDED IN SUBSECTIONS (2), (3),

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      AND (4), AN INDIVIDUAL WHO ASSAULTS OR BATTERS A PEACE OFFICER

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      WHO THE INDIVIDUAL KNOWS OR HAS REASON TO KNOW IS PERFORMING HIS

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      OR HER DUTIES AS A PEACE OFFICER IS GUILTY OF A FELONY PUNISHABLE

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      BY IMPRISONMENT FOR NOT MORE THAN 2 YEARS OR A FINE OF NOT MORE

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      THAN $1,000.00, OR BOTH.

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           (2) AN INDIVIDUAL WHO ASSAULTS OR BATTERS A PEACE OFFICER

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      WHO THE INDIVIDUAL KNOWS OR HAS REASON TO KNOW IS PERFORMING HIS

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      OR HER DUTIES AS A PEACE OFFICER AND BY THAT ASSAULT OR BATTERY

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      INFLICTS BODILY INJURY REQUIRING MEDICAL ATTENTION OR MEDICAL

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      CARE ON THAT PEACE OFFICER IS GUILTY OF A FELONY PUNISHABLE BY


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      IMPRISONMENT FOR NOT MORE THAN 4 YEARS OR A FINE OF NOT MORE THAN

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      $5,000.00, OR BOTH.

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           (3) AN INDIVIDUAL WHO ASSAULTS OR BATTERS A PEACE OFFICER

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      WHO THE INDIVIDUAL KNOWS OR HAS REASON TO KNOW IS PERFORMING HIS

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      OR HER DUTIES AS A PEACE OFFICER AND BY THAT ASSAULT OR BATTERY

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      INFLICTS SERIOUS INJURY ON THAT PEACE OFFICER IS GUILTY OF A

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      FELONY PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 10 YEARS OR A

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      FINE OF NOT MORE THAN $10,000.00, OR BOTH.

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           (4) AN INDIVIDUAL WHO ASSAULTS OR BATTERS A PEACE OFFICER

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      WHO THE INDIVIDUAL KNOWS OR HAS REASON TO KNOW IS PERFORMING HIS

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      OR HER DUTIES AS A PEACE OFFICER AND BY THAT ASSAULT OR BATTERY

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      CAUSES THE DEATH OF THAT PEACE OFFICER IS GUILTY OF A FELONY PUN-

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      ISHABLE BY IMPRISONMENT FOR NOT MORE THAN 20 YEARS OR A FINE OF

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      NOT MORE THAN $20,000.00, OR BOTH.

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           (5) THIS SECTION DOES NOT PROHIBIT AN INDIVIDUAL FROM BEING

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      CHARGED WITH, CONVICTED OF, OR PUNISHED FOR ANY OTHER VIOLATION

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      OF LAW THAT IS COMMITTED BY THAT INDIVIDUAL WHILE VIOLATING THIS

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      SECTION.

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           (6) A TERM OF IMPRISONMENT IMPOSED FOR A VIOLATION OF THIS

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      SECTION MAY RUN CONSECUTIVELY TO ANY TERM OF IMPRISONMENT IMPOSED

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      FOR ANOTHER VIOLATION ARISING FROM THE SAME TRANSACTION.

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           (7) AS USED IN THIS SECTION:

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           (A) "PEACE OFFICER" MEANS ANY OF THE FOLLOWING:

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           (i) A POLICE OFFICER OF THIS STATE OR OF A POLITICAL SUBDI-

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      VISION OF THIS STATE INCLUDING, BUT NOT LIMITED TO, A MOTOR CAR-

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      RIER OFFICER OF THE DEPARTMENT OF STATE POLICE.





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           (ii) A POLICE OFFICER OF ANOTHER STATE OR OF A POLITICAL

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      SUBDIVISION OF ANOTHER STATE.

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           (iii) A POLICE OFFICER OF ANY ENTITY OF THE UNITED STATES.

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           (iv) THE SHERIFF OF A COUNTY OF THIS STATE OR THE SHERIFF'S

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      DEPUTY.

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           (v) THE SHERIFF OF A POLITICAL SUBDIVISION OF ANOTHER STATE

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      OR THE SHERIFF'S DEPUTY.

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           (vi) A PUBLIC SAFETY OFFICER OF A COMMUNITY COLLEGE, COL-

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      LEGE, OR UNIVERSITY WHO IS AUTHORIZED BY THE GOVERNING BOARD OF

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      THAT COMMUNITY COLLEGE, COLLEGE, OR UNIVERSITY TO ENFORCE THE LAW

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      OF THIS STATE OR OF ANOTHER STATE AND THE RULES AND ORDINANCES OF

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      THAT COMMUNITY COLLEGE, COLLEGE, OR UNIVERSITY.

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           (vii) A CONSERVATION OFFICER OF THE DEPARTMENT OF NATURAL

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      RESOURCES.

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           (viii) A CONSERVATION OFFICER OF ANOTHER STATE.

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           (ix) A CONSERVATION OFFICER OF THE UNITED STATES DEPARTMENT

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      OF INTERIOR.

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           (B) "SERIOUS INJURY" MEANS THAT TERM AS DEFINED IN SECTION

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      479A.

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           Enacting section 1.  This amendatory act does not take

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      effect unless Senate Bill No. _____ or House Bill No. 5442

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      (request no. 04124'01 **) of the 91st Legislature is enacted into

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      law.











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