April 20, 2010, Introduced by Reps. Crawford, Rick Jones, Elsenheimer, Hildenbrand, Meekhof, Moss, Agema, McMillin, Wayne Schmidt, Opsommer, Paul Scott, Haveman, Kowall, Calley, Proos, Horn, Lund, Moore, Pavlov, Daley, DeShazor, Bolger, Tyler, Denby, Walsh, Genetski, Lori, Meltzer, Haines, Knollenberg, Pearce, Stamas, Ball, Rogers, Green, Caul, Schuitmaker, Sheltrown, Hansen, Kurtz, Booher, LeBlanc, Mayes, Spade, Bledsoe, Haase, Geiss, Liss, Constan, Young, Slezak and Huckleberry and referred to the Committee on Judiciary.
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% 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.
(c) The reasonable use of a self-defense spray or foam device
containing not more than 10% oleoresin capsicum by a person who is
licensed under section 5b of 1927 PA 372, MCL 28.425b, to carry a
concealed pistol or who is exempt from licensure under section 12a
of 1927 PA 372, MCL 28.432a, who has been trained in the use,
effects, and risks of the device by a person or entity that
provides training under subdivision (a), or by a person or entity
that provides training under section 5j of 1927 PA 372, MCL
28.425j, while in the protection of a person or property under
circumstances that would justify the person's use of physical
force. A person who has been trained in the use, effects, and risks
of a self-defense spray or foam device for purposes of this
subdivision shall have evidence of that training in his or her
possession while carrying or using a self-defense spray or foam
device under this subdivision. The training requirements of this
subdivision do not apply to an individual who is licensed under
section 5b of 1927 PA 372, MCL 28.425b, on the effective date of
the amendatory act that added this subdivision until he or she
renews that license.
(d) The carrying of a self-defense spray or foam device,
whether concealed or otherwise, including in a motor vehicle, by a
person described in subdivisions (a) through (c).