December 8, 2005, Introduced by Senators BRATER, BERNERO, JACOBS, CLARKE, THOMAS, SCOTT, EMERSON and LELAND and referred to the Committee on Judiciary.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 147b (MCL 750.147b), as added by 1988 PA 371.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
147b. (1) A person is guilty of ethnic felonious
intimidation if that person maliciously, and with specific intent
to intimidate or harass another person because of that person's
race, color, religion, gender, sexual orientation, gender identity
or expression, or national origin, does any of the following:
(a) Causes physical contact with another person.
(b) Damages, destroys, or defaces any real or personal
property of another person.
(c) Threatens, by word or act, to do an act described in
subdivision (a) or (b), if there is reasonable cause to believe
that an act described in subdivision (a) or (b) will occur.
(2)
Ethnic Felonious intimidation is a felony punishable by
imprisonment for not more than 2 years, or by a fine of not more
than $5,000.00, or both.
(3) A term of imprisonment imposed for felonious intimidation
shall be served in addition to, consecutive with, and before a term
of imprisonment imposed for any other felony or attempted felony
conviction that arises out of the same transaction or occurrence
from which the felonious intimidation conviction arose.
(4) (3)
Regardless of the existence or
outcome of any
criminal prosecution, a person who suffers injury to his or her
person
or damage to his or her property as a result of ethnic
felonious intimidation may bring a civil cause of action against
the person who commits the offense to secure an injunction, actual
damages, including damages for emotional distress, or other
appropriate relief. A plaintiff who prevails in a civil action
brought
pursuant to under this section may recover both of the
following:
(a) Damages in the amount of 3 times the actual damages
described in this subsection or $2,000.00, whichever is greater.
(b) Reasonable attorney fees and costs.