October 6, 2005, Introduced by Reps. Jones, LaJoy, Kahn, Nofs, Stakoe, Brandenburg, Newell, Sheen, Robertson, Espinoza, Polidori, Gonzales, Gleason, Casperson, Gosselin, Marleau, Nitz, Ball, Green, Hansen, Baxter, Steil, Palmer, Moore, Stahl, Mortimer, Pastor, Farhat, Drolet, Elsenheimer, Vander Veen, Hildenbrand, Van Regenmorter, Huizenga, Booher, Wenke, Pearce, Schuitmaker, Taub, Gaffney, Hune, Palsrok and Hoogendyk and referred to the Committee on Judiciary.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending sections 233, 234, 235, and 329 (MCL 750.233, 750.234,
750.235, and 750.329).
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 90 days or a fine of
$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 1 or more of the following:
(a) A police officer of this state or a political subdivision
of this state.
(b) A police officer of any entity of the United States.
(c) The sheriff of a county of this state or the sheriff's
deputy.
(d) A public safety officer of a college or university who is
authorized by the governing board of that college or university to
enforce state law and the rules and ordinances of that college or
university.
(e) A conservation officer of the department of natural
resources.
(f) A conservation officer of the United States department of
the interior.
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 1 or more of the following:
(a) A police officer of this state or a political subdivision
of this state.
(b) A police officer of any entity of the United States.
(c) The sheriff of a county of this state or the sheriff's
deputy.
(d) A public safety officer of a college or university who is
authorized by the governing board of that college or university to
enforce state law and the rules and ordinances of that college or
university.
(e) A conservation officer of the department of natural
resources.
(f) A conservation officer of the United States department of
the interior.
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 1 or more of the following:
(a) A police officer of this state or a political subdivision
of this state.
(b) A police officer of any entity of the United States.
(c) The sheriff of a county of this state or the sheriff's
deputy.
(d) A public safety officer of a college or university who is
authorized by the governing board of that college or university to
enforce state law and the rules and ordinances of that college or
university.
(e) A conservation officer of the department of natural
resources.
(f) A conservation officer of the United States department of
the interior.
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 1 or more of the following:
(a) A police officer of this state or a political subdivision
of this state.
(b) A police officer of any entity of the United States.
(c) The sheriff of a county of this state or the sheriff's
deputy.
(d) A public safety officer of a college or university who is
authorized by the governing board of that college or university to
enforce state law and the rules and ordinances of that college or
university.
(e) A conservation officer of the department of natural
resources.
(f) A conservation officer of the United States department of
the interior.