HB-4187, As Passed House, April 27, 2016HB-4187, As Passed Senate, April 27, 2016

SUBSTITUTE FOR

HOUSE BILL NO. 4187

     A bill to amend 1931 PA 328, entitled

"The Michigan penal code,"

(MCL 750.1 to 750.568) by adding section 377d; and to repeal acts

and parts of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 377d. (1) A person who willfully and maliciously damages,

destroys, injures, defaces, dismantles, tampers with, or removes a

traffic control device is guilty of a crime as follows:

     (a) Except as provided in subdivisions (b) and (c), the person

is guilty of a misdemeanor punishable by imprisonment for not more

than 93 days or a fine of not more than $500.00, or both.

     (b) A person who violates this section and has 1 prior

conviction for violating this section is guilty of a misdemeanor

punishable by imprisonment for not more than 180 days or a fine of

not more than $1,000.00, or both.

     (c) A person who violates this section and has 2 or more prior

convictions for violating this section is guilty of a misdemeanor

punishable by imprisonment for not more than 1 year or a fine of

not more than $10,000.00, or both.

     (2) This section does not prohibit the person from being

charged with, convicted of, or sentenced for any other violation of

law arising out of the same transaction as the violation of this

section in addition to being charged with, convicted of, or

sentenced for the violation of this section.

     (3) As used in this section, "traffic control device" means a

sign, signal, electronic traffic control sign or signal, marking,

light post, railroad sign or signal, or device not inconsistent

with the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923,

placed or erected by authority of a public body or official having

jurisdiction, for the purpose of regulating, warning, or guiding

traffic, maintaining highway safety, or providing information to

motor vehicle operators.

     Enacting section 1. Section 616 of the Michigan vehicle code,

1949 PA 300, MCL 257.616, is repealed.

     Enacting section 2. This amendatory act takes effect 90 days

after the date it is enacted into law.