HB-4303, As Passed House, May 30, 2017

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4303

 

 

 

 

 

 

 

 

 

 

 

 

     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, defense attorney, court reporter, court

 

recorder, 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 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 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.