SENATE BILL No. 1076

 

 

September 5, 2018, Introduced by Senators ANANICH, KNEZEK, YOUNG, HOPGOOD, GREGORY, BIEDA and ROCCA and referred to the Committee on Government Operations.

 

 

 

     A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

 

(MCL 750.1 to 750.568) by adding section 235b.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 235b. (1) A person who verbally, through the use of an

 

electronic device or system, or through other means threatens to

 

use a firearm, explosive, or other dangerous weapon to commit an

 

act of violence against any students or school employees on school

 

grounds or school property if the threat can be reasonably

 

interpreted to be harmful or adverse to human life, or dangerous to

 

human life as that term is defined in section 543b, 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) A person who violates subsection (1) and who in the course

 

of violating subsection (1) had the specific intent to carry out

 

the threat, or had undertaken an overt act toward carrying out the

 

threat, is guilty of a felony punishable by imprisonment for not

 

more than 10 years or a fine of not more than $20,000.00, or both.

 

     (3) This section does not prohibit a person from being charged

 

with, convicted of, or punished for any other violation of law

 

arising out of the same transaction as the violation of this

 

section.

 

     (4) As used in this section:

 

     (a) "Dangerous weapon" means a knife, stabbing instrument,

 

brass knuckles, blackjack, club, or other object specifically

 

designed or customarily carried or possessed for use as a weapon.

 

     (b) "School" means that term as defined in section 237a.

 

     (c) "School property" means that term as defined in section

 

237a.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.