HB-5270, As Passed Senate, December 13, 2005

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 5270

     A bill to amend 1931 PA 328, entitled

"The Michigan penal code,"

by amending sections 233, 234, 234a, 234b, 235, and 329 (MCL

750.233, 750.234, 750.234a, 750.234b, 750.235, and 750.329),

section 234a as amended by 1996 PA 163 and section 234b as amended

by 1992 PA 218.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 233. (1)  Intentionally aiming fire-arm without malice—

Any  A person who  shall intentionally  ,  but without malice  ,

point or aim any fire-arm  points or aims a firearm at or toward

any other  another person  , shall be  is guilty of a misdemeanor

punishable by imprisonment for not more than 93 days or a fine of

not more than $500.00, or both.

     (2) This section does not apply to a peace officer of this

state or another state, or of a local unit of government of this

state or another state, or of the United States, performing his or

her duties as a peace officer. As used in this section, "peace

officer" means that term as defined in section 215.

     Sec. 234. (1)  Discharge of fire-arm intentionally but without

malice aimed at another—Any  A person who  shall discharge, without

injury to any other person, any fire-arm,  discharges a firearm

while it is intentionally  ,  but without malice  , aimed at or

toward  any  another person,  shall be  without injuring another

person, is guilty of a misdemeanor  , punishable by imprisonment

in the county jail  for not more than 1 year or  by a fine of not

more than  500 dollars  $500.00, or both.

     (2) This section does not apply to a peace officer of this

state or another state, or of a local unit of government of this

state or another state, or of the United States, performing his or

her duties as a peace officer. As used in this section, "peace

officer" means that term as defined in section 215.

     Sec. 234a. (1) Except as provided in subsection (2) or (3), an

individual who intentionally discharges a firearm from a motor

vehicle, a snowmobile, or an off-road vehicle in such a manner as

to endanger the safety of another individual is guilty of a felony,

punishable by imprisonment for not more than 4 years, or a fine of

not more than $2,000.00, or both.

     (2) Subsection (1) does not apply to a peace officer of this

state or another state, or of a local unit of government of this

state or another state, or of the United States, performing his or

her duties as a peace officer while on or off a scheduled work

shift as a peace officer. As used in this subsection, "peace

officer" means that term as defined in section 215.

     (3) Subsection (1) does not apply to an individual who

discharges a firearm in self-defense or the defense of another

individual.

     Sec. 234b. (1) Except as provided in subsection (3) or (4), an

individual who intentionally discharges a firearm at a facility

that he or she knows or has reason to believe is a dwelling or an

occupied structure is guilty of a felony, punishable by

imprisonment for not more than 4 years, or a fine of not more than

$2,000.00, or both.

     (2) An individual who intentionally discharges a firearm in a

facility that he or she knows or has reason to believe is an

occupied structure in reckless disregard for the safety of any

individual is guilty of a felony, punishable by imprisonment for

not more than 4 years, or a fine of not more than $2,000.00, or

both.

     (3) Subsections (1) and (2) do not apply to a peace officer of

this state or another state, or of a local unit of government of

this state or another state, or of the United States, performing

his or her duties as a peace officer.

     (4) Subsections (1) and (2) do not apply to an individual who

discharges a firearm in self-defense or the defense of another

individual.

     (5) As used in this section:

     (a) "Dwelling" means a facility habitually used by 1 or more

individuals as a place of abode, whether or not an individual is

present in the facility.

     (b) "Occupied structure" means a facility in which 1 or more

individuals are present.

     (c) "Peace officer" means that term as defined in section 215.

     Sec. 235. (1)  Injuring by discharge of fire-arm intentionally

but without malice pointed at another—Any  A person who  shall maim

or injure any other  maims or injures another person by  the

discharge of any fire-arm  discharging a firearm pointed or aimed

intentionally  ,  but without malice  , at  any such  another

person  shall be  is guilty of a misdemeanor  , punishable by

imprisonment  in the county jail  for not more than 1 year or  by

a fine of not more than  500 dollars  $500.00, or both.

     (2) This section does not apply to a peace officer of this

state or another state, or of a local unit of government of this

state or another state, or of the United States, performing his or

her duties as a peace officer. As used in this section, "peace

officer" means that term as defined in section 215.

     Sec. 329. (1)  Death from wound, etc., from firearm pointed

intentionally, but without malice—Any  A person who  shall wound,

maim or injure any other  wounds, maims, or injures another person

by  the discharge of any  discharging a firearm  ,  that is pointed

or aimed  , intentionally but without malice  , at  any such

another person  , shall, if death ensue from such wounding, maiming

or injury, be deemed  is guilty of  the crime of manslaughter if

the wounds, maiming, or injuries result in death.

     (2) This section does not apply to a peace officer of this

state or another state, or of a local unit of government of this

state or another state, or of the United States, performing his or

her duties as a peace officer. As used in this section, "peace

officer" means that term as defined in section 215.