HOUSE BILL No. 5507


     December 12, 2001, Introduced by Reps. Woronchak, Koetje, Toy, Julian, Bishop, Caul, Mead, Gosselin, Gilbert, Faunce, Meyer, Van Woerkom,
Birkholz, Hummel, Newell, Drolet, Voorhees, Tabor, Middaugh, Ruth Johnson, Schauer, Neumann, George, Shackleton, Lockwood, Ehardt, Kowall,
Jelinek, Rocca, Bernero, Allen, Sheltrown, DeVuyst, Callahan, Hager, Pumford, Zelenko, Lipsey, Phillips, Frank, Jacobs, Basham, Kuipers, Richardville,
Bisbee, Pappageorge, McConico, Shulman, Whitmer and Cassis and referred to the Committee on Criminal Justice.


        A bill to amend 1931 PA 328, entitled

   "The Michigan penal code,"

   by amending section 436 (MCL 750.436), as amended by 1988 PA 87.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 436.  (1) A person  who willfully mingles  SHALL NOT DO

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      EITHER OF THE FOLLOWING:

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           (A) WILLFULLY MINGLE a poison or harmful substance with a

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      food, drink, nonprescription medicine, or pharmaceutical product,

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      or  who  willfully  places  PLACE a poison or harmful
   substance

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      in a spring, well, reservoir, or public water supply,  and who

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      knows or should  KNOWING OR HAVING REASON TO know that the food,

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      drink, nonprescription medicine, pharmaceutical product, or water

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      may be ingested or used by a person to his or her injury.  , is

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      guilty of a felony, punishable by imprisonment for not more than

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      5 years, except as otherwise provided in subsection (2).


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           (2) If the violation of subsection (1) involves an amount of

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      a poison or harmful substance that may cause death if a person

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      ingests or uses the food, drink, nonprescription medicine, phar-

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      maceutical product, or water, or if the violation of subsection

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      (1) results in the infliction of great bodily injury on a person,

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      the person who violates subsection (1) shall be punished by

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      imprisonment for life or any term of years.

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           (3) A person who maliciously informs

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           (B) MALICIOUSLY INFORM another person that a poison or harm-

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      ful substance has been or will be placed in a food, drink, non-

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      prescription medicine, pharmaceutical product, spring, well, res-

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      ervoir, or public water supply, knowing that the information is

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      false and that it is likely that the information will be dissemi-

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      nated to the public.  , is guilty of a felony, punishable by

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      imprisonment for not more than 2 years.

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           (2) A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A CRIME

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      AS FOLLOWS:

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           (A) EXCEPT AS PROVIDED IN SUBDIVISIONS (B) TO (E), THE

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      PERSON IS GUILTY OF A FELONY PUNISHABLE BY IMPRISONMENT FOR NOT

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      MORE THAN 15 YEARS OR A FINE OF NOT MORE THAN $10,000.00, OR

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      BOTH.

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           (B) IF THE VIOLATION DAMAGES THE PROPERTY OF ANOTHER PERSON,

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      THE PERSON IS GUILTY OF A FELONY PUNISHABLE BY IMPRISONMENT FOR

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      NOT MORE THAN 20 YEARS OR A FINE OF NOT MORE THAN $15,000.00, OR

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      BOTH.

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           (C) IF THE VIOLATION CAUSES PHYSICAL INJURY TO ANOTHER

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      INDIVIDUAL, OTHER THAN SERIOUS IMPAIRMENT OF A BODY FUNCTION, THE



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      PERSON IS GUILTY OF A FELONY PUNISHABLE BY IMPRISONMENT FOR NOT

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      MORE THAN 25 YEARS OR A FINE OF NOT MORE THAN $20,000.00, OR

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      BOTH.

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           (D) IF THE VIOLATION CAUSES SERIOUS IMPAIRMENT OF A BODY

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      FUNCTION TO ANOTHER INDIVIDUAL, THE PERSON IS GUILTY OF A FELONY

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      PUNISHABLE BY IMPRISONMENT FOR LIFE OR ANY TERM OF YEARS OR A

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      FINE OF NOT MORE THAN $25,000.00, OR BOTH.  AS USED IN THIS SUB-

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      DIVISION, "SERIOUS IMPAIRMENT OF A BODY FUNCTION" MEANS THAT TERM

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      AS DEFINED IN SECTION 58C OF THE MICHIGAN VEHICLE CODE, 1949

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      PA 300, MCL 257.58C.

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           (E) IF THE VIOLATION CAUSES THE DEATH OF ANOTHER INDIVIDUAL,

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      THE PERSON IS GUILTY OF A FELONY AND SHALL BE IMPRISONED FOR LIFE

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      WITHOUT ELIGIBILITY FOR PAROLE AND MAY BE FINED NOT MORE THAN

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      $40,000.00, OR BOTH.





























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