HB-6053, As Passed Senate, December 15, 2010

SUBSTITUTE FOR

HOUSE BILL NO. 6053

     A bill to amend 1931 PA 328, entitled

"The Michigan penal code,"

by amending section 224d (MCL 750.224d), as amended by 2006 PA 401.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 224d. (1) As used in this section and section 224, "self-

defense spray or foam device" means a device to which all of the

following apply:

     (a) The device is capable of carrying, and ejects, releases,

or emits 1 of the following:

     (i) Not more than 35 grams of any combination of

orthochlorobenzalmalononitrile and inert ingredients.

     (ii) A solution containing not more than 10% oleoresin

capsicum.

     (b) The device does not eject, release, or emit any gas or

substance that will temporarily or permanently disable,

incapacitate, injure, or harm a person with whom the gas or

substance comes in contact, other than the substance described in

subdivision (a)(i) or (ii).

     (2) Except as otherwise provided in this section, a person who

uses a self-defense spray or foam device to eject, release, or emit

orthochlorobenzalmalononitrile or oleoresin capsicum at another

person is guilty of a misdemeanor, punishable by imprisonment for

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

both.

     (3) If a person uses a self-defense spray or foam device

during the commission of a crime to eject, release, or emit

orthochlorobenzalmalononitrile or oleoresin capsicum or threatens

to use a self-defense spray or foam device during the commission of

a crime to temporarily or permanently disable another person, the

judge who imposes sentence upon a conviction for that crime shall

consider the defendant's use or threatened use of the self-defense

spray or foam device as a reason for enhancing the sentence.

     (4) A person shall not sell a self-defense spray or foam

device to a minor. A person who violates this subsection is guilty

of a misdemeanor punishable by imprisonment for not more than 90

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

     (5) Subsection (2) does not prohibit either of the following:

     (a) The reasonable use of a self-defense spray or foam device

containing not more than 10% oleoresin capsicum by a person who is

employed by a county sheriff or a chief of police and who is

authorized in writing by the county sheriff or chief of police to

carry and use a self-defense spray or foam device and has been

trained in the use, effects, and risks of the device, while in

performance of his or her official duties.

     (b) The reasonable use of a self-defense spray or foam device

containing not more than 2% 10% oleoresin capsicum by a person in

the protection of a person or property under circumstances which

that would justify the person's use of physical force.