HOUSE BILL No. 5220

 

 

November 2, 2017, Introduced by Reps. Hoitenga, Cox, Whiteford, Alexander, Reilly, Lucido, Hornberger, Hughes, Glenn, Crawford, Griffin, Allor, Yanez, Chang, Pagan and Marino and referred to the Committee on Judiciary.

 

     A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

 

by amending section 224d (MCL 750.224d), as amended by 2010 PA 365.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 224d. (1) As used in this section and section 224, "self-

 

defense spray or foam device" means a device to which all of the

 

following apply:

 

     (a) The device is capable of carrying, and ejects, releases,

 

or emits 1 of the following:

 

     (i) Not more than 35 grams of any combination of

 

orthochlorobenzalmalononitrile and inert ingredients.

 

     (ii) A solution containing not more than 10% 18% oleoresin

 

capsicum.

 

     (iii) A solution containing an ultraviolet dye and not more

 

than 18% oleoresin capsicum.

     (b) The device does not eject, release, or emit any gas or

 

substance that will temporarily or permanently disable,

 

incapacitate, injure, or harm a person with whom the gas or

 

substance comes in contact, other than the substance described in

 

subdivision (a)(i), or (ii), or (iii).

 

     (2) Except as otherwise provided in this section, a person who

 

uses a self-defense spray or foam device to eject, release, or emit

 

orthochlorobenzalmalononitrile or oleoresin capsicum at another

 

person is guilty of a misdemeanor, punishable by imprisonment for

 

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

 

both.

 

     (3) If a person uses a self-defense spray or foam device

 

during the commission of a crime to eject, release, or emit

 

orthochlorobenzalmalononitrile or oleoresin capsicum or threatens

 

to use a self-defense spray or foam device during the commission of

 

a crime to temporarily or permanently disable another person, the

 

judge who imposes sentence upon a conviction for that crime shall

 

consider the defendant's use or threatened use of the self-defense

 

spray or foam device as a reason for enhancing the sentence.

 

     (4) A person shall not sell a self-defense spray or foam

 

device to a minor. A person who violates this subsection is guilty

 

of a misdemeanor punishable by imprisonment for not more than 90

 

days or a fine of not more than $500.00, or both.

 

     (5) Subsection (2) does not prohibit either of the following:

 

     (a) The reasonable use of a self-defense spray or foam device

 

containing not more than 10% 18% oleoresin capsicum by a person who

 

is employed by a county sheriff or a chief of police and who is

authorized in writing by the county sheriff or chief of police to

 

carry and use a self-defense spray or foam device and has been

 

trained in the use, effects, and risks of the device, while in

 

performance of his or her official duties.

 

     (b) The reasonable use of a self-defense spray or foam device

 

containing not more than 10% oleoresin capsicum either of the

 

following by a person in the protection of a person or property

 

under circumstances that would justify the person's use of physical

 

force: .

 

     (i) A self-defense spray or foam device containing not more

 

than 18% oleoresin capsicum.

 

     (ii) A self-defense spray or foam device containing an

 

ultraviolet dye and not more than 18% oleoresin capsicum.