HOUSE BILL NO. 4007

January 26, 2021, Introduced by Rep. Eisen and referred to the Committee on Judiciary.

A bill to amend 1931 PA 328, entitled

"The Michigan penal code,"

(MCL 750.1 to 750.568) by adding section 528b.

the people of the state of michigan enact:

Sec. 528b. (1) Except as provided in subsection (2), a person who assaults, by doing either of the following, a first responder who is discharging or attempting to discharge his or her duties during a riot or civil disturbance is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $5,000.00, or both:

(a) Knowingly causing bodily injury to a first responder.

(b) Knowingly causing physical contact with a first responder that a reasonable person would regard as extremely offensive or provocative, including, but not limited to, spitting, throwing, or otherwise transferring bodily fluids, bodily pathogens, or human waste onto a first responder.

(2) A person who violates subsection (1) resulting in or involving any of the following is guilty of a felony punishable by imprisonment for not more than 20 years or a fine of not more than $20,000.00, or both:

(a) A serious bodily injury to a first responder.

(b) The death of a first responder.

(c) The use or display of a deadly weapon.

(d) The strangulation or attempted strangulation of a first responder.

(3) As used in this section:

(a) "Emergency medical technician" means that term as defined in section 20904 of the public health code, 1978 PA 368, MCL 333.20904.

(b) "Firefighter" means that term as defined in section 2 of the firefighters training council act, 1966 PA 291, MCL 29.362.

(c) "First responder" means a firefighter, a law enforcement officer, an emergency medical technician, or a paramedic.

(d) "Law enforcement officer" means that term as defined in section 2 of the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.602.

(e) "Paramedic" means that term as defined in section 20908 of the public health code, 1978 PA 368, MCL 333.20908.

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