Bill Text: MI SB0642 | 2011-2012 | 96th Legislature | Engrossed

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Bill Title: Crimes; assaultive; assaulting a health care professional; increase penalties. Amends 1931 PA 328 (MCL 750.1 - 750.568) by adding sec. 81f.

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Engrossed - Dead) 2011-10-19 - Referred To Committee On Judiciary [SB0642 Detail]

Download: Michigan-2011-SB0642-Engrossed.html

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SB-0642, As Passed Senate, October 19, 2011

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 642

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

 

(MCL 750.1 to 750.568) by adding section 81f.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 81f. (1) Except as otherwise provided in this section, a

 

person who assaults, batters, or assaults and batters an individual

 

while the individual is performing his or her duties as a health

 

care professional or because of the individual's status as a health

 

care professional is guilty of a misdemeanor punishable by

 

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

 

$1,000.00, or both.

 

     (2) Except as provided in subsection (3), a person who

 

assaults or assaults and batters an individual while the individual

 

is performing his or her duties as a health care professional or

 

because of the individual's status as a health care professional

 

and causes the individual any bodily injury requiring medical

 

attention is guilty of a felony punishable by imprisonment for not

 

more than 2 years or a fine of not more than $1,000.00, or both.

 

     (3) A person who assaults or assaults and batters an

 

individual while the individual is performing his or her duties as

 

health care professional or because of the individual's status as a

 

health care professional and causes the individual serious

 

impairment of body function is guilty of a felony punishable by

 

imprisonment for not more than 5 years or a fine of not less than

 

$1,000.00 or more than $5,000.00, or both.

 

     (4) A conviction or sentence imposed for a violation of this

 

section does not preclude a conviction or sentence for a violation

 

of any other applicable law.

 

     (5) As used in this section:

 

     (a) "Health care professional" means any of the following:

 

     (i) An emergency medical technician.

 

     (ii) An ambulance operator or ambulance attendant.

 

     (iii) A nurse.

 

     (iv) A physical therapist.

 

     (v) An occupational therapist.

 

     (vi) A physician.

 

     (vii) A physician's assistant.

 

     (b) "Serious impairment of body function" means that phrase as

 

defined in section 58c of the Michigan vehicle code, 1949 PA 300,

 

MCL 257.58c.