HOUSE BILL No. 4010


     January 8, 1997, Introduced by Rep. Fitzgerald and referred to the Committee on Judiciary.


        A bill to amend 1931 PA 328, entitled

   "The Michigan penal code,"

   by amending section 243e (MCL 750.243e).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec.  243e.  (1)  Any  EXCEPT AS PROVIDED IN SUBSECTION (2),

 2    A person  , firm, copartnership or corporation,  who violates

 3     any of the provisions of sections 243a to 243d  SECTION 243A,

 4    243B, 243C, OR 243D, or who violates the terms of  any  A permit

 5    issued  thereunder  UNDER SECTION 243A, 243B, 243C, OR 243D, is

 6    guilty of a misdemeanor PUNISHABLE BY IMPRISONMENT FOR NOT MORE

 7    THAN 93 DAYS OR A FINE OF NOT MORE THAN $500.00, OR BOTH.

 8         (2) A PERSON WHO OFFERS FOR SALE, EXPOSES FOR SALE, SELLS AT

 9    RETAIL, OR KEEPS WITH INTENT TO SELL AT RETAIL FIREWORKS IN

10    VIOLATION OF SECTION 243A IS GUILTY OF A CRIME AS FOLLOWS:




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 1         (A) EXCEPT AS PROVIDED IN SUBDIVISIONS (B) AND (C), IF THE

 2    VIOLATION INVOLVES LESS THAN 5 POUNDS OF FIREWORKS, THE PERSON IS

 3    GUILTY OF A MISDEMEANOR PUNISHABLE BY IMPRISONMENT FOR NOT MORE

 4    THAN 93 DAYS OR A FINE OF NOT MORE THAN $500.00, OR BOTH.

 5         (B) IF THE VIOLATION INVOLVES LESS THAN 5 POUNDS OF FIRE-

 6    WORKS AND THE PERSON HAS 1 PRIOR CONVICTION FOR VIOLATING SECTION

 7    243A, 243B, 243C, OR 243D OR A PERMIT ISSUED UNDER SECTION 243A,

 8    243B, 243C, OR 243D, THE PERSON IS GUILTY OF A MISDEMEANOR PUN-

 9    ISHABLE BY IMPRISONMENT FOR NOT MORE THAN 1 YEAR OR A FINE OF NOT

10    MORE THAN $500.00, OR BOTH.

11         (C) IF THE VIOLATION INVOLVES LESS THAN 5 POUNDS OF FIRE-

12    WORKS AND THE PERSON HAS 2 OR MORE PRIOR CONVICTIONS FOR VIOLAT-

13    ING SECTION 243A, 243B, 243C, OR 243D OR A PERMIT ISSUED UNDER

14    SECTION 243A, 243B, 243C, OR 243D, THE PERSON IS GUILTY OF A

15    FELONY PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 4 YEARS OR A

16    FINE OF NOT MORE THAN $2,500.00, OR BOTH.

17         (D) EXCEPT AS PROVIDED IN SUBDIVISION (E), IF THE VIOLATION

18    INVOLVES 5 OR MORE POUNDS OF FIREWORKS BUT LESS THAN 25 POUNDS OF

19    FIREWORKS, THE PERSON IS GUILTY OF A MISDEMEANOR PUNISHABLE BY

20    IMPRISONMENT FOR NOT MORE THAN 1 YEAR OR A FINE OF NOT MORE THAN

21    $1,000.00, OR BOTH.

22         (E) IF THE VIOLATION INVOLVES 5 OR MORE POUNDS OF FIREWORKS

23    BUT LESS THAN 25 POUNDS OF FIREWORKS AND THE PERSON HAS 1 OR MORE

24    PRIOR CONVICTIONS FOR VIOLATING SECTION 243A, 243B, 243C, OR 243D

25    OR A PERMIT ISSUED UNDER SECTION 243A, 243B, 243C, OR 243D, THE

26    PERSON IS GUILTY OF A FELONY PUNISHABLE BY IMPRISONMENT FOR NOT

27    MORE THAN 4 YEARS OR A FINE OF NOT MORE THAN $2,500.00, OR BOTH.



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 1         (F) IF THE VIOLATION INVOLVES 25 OR MORE POUNDS OF

 2    FIREWORKS, THE PERSON IS GUILTY OF A FELONY PUNISHABLE BY IMPRIS-

 3    ONMENT FOR NOT MORE THAN 4 YEARS OR A FINE OF NOT MORE THAN

 4    $2,500.00, OR BOTH.

 5         (3) AS USED IN THIS SECTION, "PERSON" MEANS AN INDIVIDUAL,

 6    PARTNERSHIP, CORPORATION, ASSOCIATION, GOVERNMENTAL ENTITY, OR

 7    OTHER LEGAL ENTITY.










































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