SENATE BILL No. 610

 

 

June 27, 2007, Introduced by Senators CLARKE, BRATER, JACOBS, HUNTER, BASHAM, WHITMER, ANDERSON and SCHAUER 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.