HOUSE BILL NO. 4315

March 12, 2019, Introduced by Reps. Mueller, LaGrand, Berman, Sabo, Green, Frederick and Jones and referred to the Committee on Judiciary.

"The Michigan penal code,"

by amending section 479b (MCL 750.479b), as added by 1994 PA 33.

the people of the state of michigan enact:

Sec. 479b. (1) An individual who takes a weapon other than a firearm from the lawful possession of a peace officer or a corrections officer is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,500.00, or both, if all of the following circumstances exist at the time the weapon is taken:

(a) The individual knows or has reason to believe the person from whom the weapon is taken is a peace officer or a corrections officer.

(b) The peace officer or corrections officer is performing his or her duties as a peace officer or a corrections officer.

(d) The peace officer or corrections officer is authorized by his or her employer to carry the weapon in the line of duty.

(2) An Except as otherwise provided in subsections (3) and (4), an individual who takes a firearm from the lawful possession of a peace officer or a corrections officer is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $5,000.00, or both, if all of the following circumstances exist at the time the firearm is taken:

(a) The individual knows or has reason to believe the person from whom the firearm is taken is a peace officer or a corrections officer.

(b) The peace officer or corrections officer is performing his or her duties as a peace officer or a corrections officer.

(d) The peace officer or corrections officer is authorized by his or her employer to carry the firearm in the line of duty.

(3) An individual who attempts to take a firearm from the lawful possession of a peace officer or a corrections officer is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $5,000.00, or both, if all of the following circumstances exist at the time the firearm is taken:

(a) The individual knows or has reason to believe the person from whom the firearm is taken is a peace officer or a corrections officer.

(b) The peace officer or corrections officer is performing his or her duties as a peace officer or a corrections officer.

(d) The peace officer or corrections officer is authorized by his or her employer to carry the firearm in the line of duty.

(e) The individual uses force or violence in attempting to take the firearm or causes the peace officer or corrections officer to become incapacitated when he or she attempts to take the firearm.

(4) An individual who takes a firearm from the lawful possession of a peace officer or a corrections officer is guilty of a felony punishable by imprisonment for not more than 20 years or a fine of not more than $5,000.00, or both, if all of the following circumstances exist at the time the firearm is taken:

(a) The individual knows or has reason to believe the person from whom the firearm is taken is a peace officer or a corrections officer.

(b) The peace officer or corrections officer is performing his or her duties as a peace officer or a corrections officer.

(d) The peace officer or corrections officer is authorized by his or her employer to carry the firearm in the line of duty.

(e) The individual uses force or violence in attempting to take the firearm or causes the peace officer or corrections officer to become incapacitated when he or she attempts to take the firearm.

(5) (3) This section does not prohibit an individual from being charged with, convicted of, or punished for any other violation of law that is committed by that individual while violating this section.

(6) (4) A Subject to subsection (7), a term of imprisonment imposed for a violation of this section may run consecutively to any term of imprisonment imposed for another violation arising from the same transaction.

(7) A term of imprisonment imposed under subsection (3) or (4) must be served consecutively with and preceding any term of imprisonment imposed for another violation arising from the same transaction if the peace officer is incapacitated or suffers an injury requiring medical attention as a result of the violation.

(8) (5) As used in this section:

(a) "Corrections officer" means a prison or jail guard or other employee of a jail or a state or federal correctional facility, who performs duties involving the transportation, care, custody, or supervision of prisoners.

(b) "Peace officer" means 1 or more of the following:

(i) A police officer of this state or a political subdivision of this state.

(ii) A police officer of any entity of the United States.

(iii) The sheriff of a county of this state or the sheriff's deputy.

(iv) A public safety officer of a college or university who is authorized by the governing board of that college or university to enforce state law and the rules and ordinances of that college or university.

(v) A conservation officer of the department of natural resources.

(vi) A conservation officer of the United States department of interior.Department of the Interior.

Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.