HOUSE BILL No. 4013


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


        A bill to amend 1931 PA 328, entitled

   "The Michigan penal code,"

   (MCL 750.1 to 750.568) by adding section 479c.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         SEC. 479C.  (1) A PERSON SHALL NOT DO EITHER OF THE

 2    FOLLOWING:

 3         (A) ASSAULT OR BATTER A CORRECTIONS OFFICER WHILE KNOWING OR

 4    HAVING REASON TO KNOW THE CORRECTIONS OFFICER IS LAWFULLY PER-

 5    FORMING HIS OR HER DUTIES AS A CORRECTIONS OFFICER.

 6         (B) OBSTRUCT, RESIST, OR OPPOSE A CORRECTIONS OFFICER WHILE

 7    KNOWING OR HAVING REASON TO KNOW THE CORRECTIONS OFFICER IS LAW-

 8    FULLY PERFORMING HIS OR HER DUTIES AS A CORRECTIONS OFFICER.

 9         (2) A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A

10    MISDEMEANOR PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 2 YEARS

11    OR A FINE OF NOT MORE THAN $1,000.00, OR BOTH.


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 1         (3) THIS SECTION DOES NOT PROHIBIT AN INDIVIDUAL FROM BEING

 2    CHARGED WITH, CONVICTED OF, OR PUNISHED FOR ANY OTHER VIOLATION

 3    OF LAW COMMITTED BY THAT INDIVIDUAL WHILE VIOLATING THIS

 4    SECTION.

 5         (4) IF A PERSON IS IMPRISONED AT THE TIME HE OR SHE COMMITS

 6    OR ATTEMPTS TO COMMIT A VIOLATION OF THIS SECTION, ANY TERM OF

 7    IMPRISONMENT IMPOSED FOR THE VIOLATION OF THIS SECTION SHALL RUN

 8    CONSECUTIVELY TO THAT TERM OF IMPRISONMENT.

 9         (5) AS USED IN THIS SECTION, "CORRECTIONS OFFICER" MEANS A

10    PRISON OR JAIL SECURITY OFFICER OR OTHER EMPLOYEE OF A JAIL OR A

11    STATE OR FEDERAL CORRECTIONAL FACILITY WHO PERFORMS DUTIES

12    INVOLVING THE TRANSPORTATION, CARE, CUSTODY, OR SUPERVISION OF

13    PRISONERS.































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