Bill Text: MI HB5930 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Crimes; assaultive; penalties for crime of threatening or assaulting a prosecuting attorney and other public officers; increase. Amends sec. 479 of 1931 PA 328 (MCL 750.479).
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2016-10-19 - Bill Electronically Reproduced 09/22/2016 [HB5930 Detail]
Download: Michigan-2015-HB5930-Introduced.html
HOUSE BILL No. 5930
September 22, 2016, Introduced by Reps. Schor, Pscholka, Lucido, Lane, Chirkun, Sheppard and Howell and referred to the Committee on Criminal Justice.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 479 (MCL 750.479), as amended by 2002 PA 270.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 479. (1) A person shall not knowingly and willfully do
any of the following:
(a) Assault, batter, wound, obstruct, or endanger a medical
examiner, township treasurer, judge, magistrate, probation officer,
parole officer, prosecutor, city attorney, court employee, court
officer, or other officer or duly authorized person serving or
attempting to serve or execute any process, rule, or order made or
issued by lawful authority or otherwise acting in the performance
of his or her duties.
(b) Assault, batter, wound, obstruct, or endanger an officer
enforcing an ordinance, law, rule, order, or resolution of the
common council of a city board of trustees, the common council or
village council of an incorporated village, or a township board of
a township.
(2) Except as provided in subsections (3), (4), and (5), a
person who violates this section is guilty of a felony punishable
by imprisonment for not more than 2 years or a fine of not more
than $2,000.00, or both.
(3) A person who violates this section and by that violation
causes or attempts to cause a bodily injury requiring medical
attention or medical care to an individual described in this
section is guilty of a felony punishable by imprisonment for not
more than 4 years or a fine of not more than $5,000.00, or both.
(4) A person who violates this section and by that violation
causes serious impairment of a body function of an individual
described in this section is guilty of a felony punishable by
imprisonment
for not more than 10 15 years or a fine of not more
than $10,000.00, or both.
(5) A person who violates this section and by that violation
causes the death of an individual described in this section 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.
(6) 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.
(7)
The court may shall order a term of imprisonment for a
violation of this section to be served consecutively to any other
term of imprisonment imposed for a violation arising out of the
same criminal transaction as the violation of this section.
(8) As used in this section:
(a) "Obstruct" includes the use or threatened use of physical
interference or force or a knowing failure to comply with a lawful
command.
(b) "Serious impairment of a body function" means that term as
defined in section 58c of the Michigan vehicle code, 1949 PA 300,
MCL 257.58c.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
