HOUSE BILL No. 4642 May 6, 1999, Introduced by Reps. Thomas, Kilpatrick, Baird, Cherry, Brater, Woodward, Bogardus, Rison and Daniels and referred to the Committee on Constitutional Law and Ethics. A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 528a (MCL 750.528a), as added by 1986 PA 113. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 528a. (1) As used in this section: 2 (a) "Civil disorder" means any public disturbance involving 3 the use of any firearm, explosive, or incendiary device by 3 or 4 more assembled personswhichTHAT causes an immediate danger to 5,ANY PROPERTY OR PERSON orwhichTHAT results in damage or 6 injury to,any property or person. 7 (b) "Explosive or incendiary device" means 1 OR MORE OF THE 8 FOLLOWING: 9 (i) Dynamite, gunpowder, or ANY other similarly explosive 10 substance. 03690'99 TVD 2 1 (ii)AnyA bomb, grenade, missile, or similar device 2 designed to expand suddenly and release internal energy resulting 3 in an explosion. 4 (iii)AnyA incendiary bomb or grenade, fire bomb, or sim- 5 ilar device designed to ignite, including any devicewhichTHAT 6 consists of or includes a breakable container containing a flam- 7 mable liquid or compound and a wick composed of any material 8whichTHAT, if ignited, is capable of igniting the flammable 9 liquid or compound; andwhichTHAT may be carried or thrown by 10 a person. 11 (c) "Firearm" meansany1 OR MORE OF THE FOLLOWING: 12 (i) A weapon from which a dangerous projectile may be pro- 13 pelled by using explosives, gas, or air as a means of propulsion. 14; any15 (ii) A weaponwhichTHAT may be readily converted to expel 16anyA projectile by the action of an explosive., or the17 (iii) THE frame or receiver ofsuchafirearm orweapon 18,DESCRIBED IN SUBPARAGRAPH (i) OR (ii) exceptanyA 19 smooth-bore rifle or handgun designed and manufactured exclu- 20 sively for propelling BB's not exceeding .177 caliber by means of 21 A spring, gas, or air. 22 (d) "Law enforcement officer" means any of the following: 23 (i)EveryA sheriff or sheriff's deputy.;24 (ii) A village marshal or township constable.; officer of25the police department of any26 (iii) A city, village, or township; any officer of the27 POLICE OFFICER. 03690'99 3 1 (iv) A Michigan state police; or any peaceOFFICER. 2 (v) A PEACE officer who is trained and certifiedpursuant3to Act No. 203 of the Public Acts of 1965, being sections 28.6014to 28.616 of the Michigan Compiled LawsUNDER THE COMMISSION ON 5 LAW ENFORCEMENT STANDARDS ACT, 1965 PA 203, MCL 28.601 TO 6 28.616. 7 (vi)(ii)Any officer or employee of the United States, 8 its possessions, or territories who is authorized to enforce the 9 laws of the United States, its possessions, or its territories. 10 (vii)(iii) AnyA member of the national guard, coast 11 guard, military reserve, or the armed forces of the United States 12 when acting in his or her official capacity. 13 (2) A person shall not, IN PERSON, OR THROUGH THE USE OF ANY 14 MEDIA INCLUDING, BUT NOT LIMITED TO, THE INTERNET, A COMPUTER, 15 COMPUTER PROGRAM, COMPUTER NETWORK, OR COMPUTER SYSTEM teach or 16 demonstrate to another person the use, application, or construc- 17 tion ofanyA firearm, oranyAN explosive or incendiary 18 device, if that person knows, has reason to know, or intends that 19 what is taught or demonstrated will be used in, or in furtherance 20 of, a civil disorder. 21 (3) A person shall not assemble with 1 or more persons for 22 the purpose of training with, practicing with, or being 23 instructed in the use of any firearm, or any explosive or incen- 24 diary device, if that person intends to usesucha firearm or 25 device in, or in furtherance of, a civil disorder. 26 (4) This sectionshallDOES not apply toany act ofa 27 law enforcement officerwhich is performedin the lawful 03690'99 4 1 performance of his or her official duties as a law enforcement 2 officer, orany activityTHE ACTIVITIES ofanyA hunting 3 club, rifle club, rifle range, pistol range, shooting range, or 4 other program or individual instruction intended to teach the 5 safe handling or use of firearms, archery equipment, or other 6 weapons or techniques employed in connection with lawful sports, 7 self-defense, or other lawful activities. 8 (5) A person who violates this section is guilty of a CRIME 9 AS FOLLOWS: 10 (A) EXCEPT AS PROVIDED IN SUBDIVISIONS (B) AND (C), THE 11 PERSON IS GUILTY OF A felony PUNISHABLE BY IMPRISONMENT FOR NOT 12 MORE THAN 4 YEARS OR A FINE OF NOT MORE THAN $2,500.00, OR BOTH. 13 (B) IF THE FIREARM, EXPLOSIVE, OR INCENDIARY DEVICE IS USED 14 IN THE COMMISSION OF A CIVIL DISORDER, THE PERSON IS GUILTY OF A 15 FELONY PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 10 YEARS OR A 16 FINE OF NOT MORE THAN $5,000.00, OR BOTH. 17 (C) IF THE FIREARM, EXPLOSIVE, OR INCENDIARY DEVICE IS USED 18 IN THE COMMISSION OF A CIVIL DISORDER AND THE USE OF THAT FIRE- 19 ARM, EXPLOSIVE, OR INCENDIARY DEVISE CAUSES DEATH TO OR SERIOUS 20 IMPAIRMENT OF A BODY FUNCTION TO ANOTHER INDIVIDUAL, THE PERSON 21 IS GUILTY OF A FELONY PUNISHABLE BY IMPRISONMENT FOR NOT MORE 22 THAN 20 YEARS OR A FINE OF NOT MORE THAN $5,000.00, OR BOTH. 23 (6) THIS SECTION DOES NOT PROHIBIT THE PERSON FROM BEING 24 CHARGED WITH, CONVICTED OF, OR SENTENCED FOR ANY OTHER VIOLATION 25 OF LAW COMMITTED BY THAT INDIVIDUAL WHILE VIOLATING THIS 26 SECTION. 03690'99 5 1 (7) A TERM OF IMPRISONMENT IMPOSED FOR A VIOLATION OF THIS 2 SECTION MAY RUN CONSECUTIVELY TO ANY TERM OF IMPRISONMENT IMPOSED 3 FOR ANOTHER VIOLATION ARISING FROM THE SAME TRANSACTION. 4 (8) AS USED IN THIS SECTION: 5 (A) "COMPUTER" MEANS ANY CONNECTED, DIRECTLY INTEROPERABLE 6 OR INTERACTIVE DEVICE, EQUIPMENT, OR FACILITY THAT USES A COM- 7 PUTER PROGRAM OR OTHER INSTRUCTIONS TO PERFORM SPECIFIC OPERA- 8 TIONS INCLUDING LOGICAL, ARITHMETIC, OR MEMORY FUNCTIONS WITH OR 9 ON COMPUTER DATA OR A COMPUTER PROGRAM AND THAT CAN STORE, 10 RETRIEVE, ALTER, OR COMMUNICATE THE RESULTS OF THE OPERATIONS TO 11 A PERSON, COMPUTER PROGRAM, COMPUTER, COMPUTER SYSTEM, OR COM- 12 PUTER NETWORK. 13 (B) "COMPUTER NETWORK" MEANS THE INTERCONNECTION OF HARDWIRE 14 OR WIRELESS COMMUNICATION LINES WITH A COMPUTER THROUGH REMOTE 15 TERMINALS, OR A COMPLEX CONSISTING OF 2 OR MORE INTERCONNECTED 16 COMPUTERS. 17 (C) "COMPUTER PROGRAM" MEANS A SERIES OF INTERNAL OR EXTER- 18 NAL INSTRUCTIONS COMMUNICATED IN A FORM ACCEPTABLE TO A COMPUTER 19 THAT DIRECTS THE FUNCTIONING OF A COMPUTER, COMPUTER SYSTEM, OR 20 COMPUTER NETWORK IN A MANNER DESIGNED TO PROVIDE OR PRODUCE PRO- 21 DUCTS OR RESULTS FROM THE COMPUTER, COMPUTER SYSTEM, OR COMPUTER 22 NETWORK. 23 (D) "COMPUTER SYSTEM" MEANS A SET OF RELATED, CONNECTED OR 24 UNCONNECTED, COMPUTER EQUIPMENT, DEVICES, SOFTWARE, OR HARDWARE. 25 (E) "DEVICE" INCLUDES, BUT IS NOT LIMITED TO, AN ELECTRONIC, 26 MAGNETIC, ELECTROCHEMICAL, BIOCHEMICAL, HYDRAULIC, OPTICAL, OR 03690'99 6 1 ORGANIC OBJECT THAT PERFORMS INPUT, OUTPUT, OR STORAGE FUNCTIONS 2 BY THE MANIPULATION OF ELECTRONIC, MAGNETIC, OR OTHER IMPULSES. 3 (F) "INTERNET" MEANS THAT TERM AS DEFINED IN SECTION 230 OF 4 TITLE II OF THE COMMUNICATIONS ACT OF 1934, CHAPTER 652, 110 5 STAT. 137, 47 U.S.C. 230. 6 (G) "SERIOUS IMPAIRMENT OF A BODY FUNCTION" INCLUDES, BUT IS 7 NOT LIMITED TO, 1 OR MORE OF THE FOLLOWING: 8 (i) LOSS OF A LIMB OR USE OF A LIMB. 9 (ii) LOSS OF A HAND, FOOT, FINGER, OR THUMB OR USE OF A 10 HAND, FOOT, FINGER, OR THUMB. 11 (iii) LOSS OF AN EYE OR EAR OR USE OF AN EYE OR EAR. 12 (iv) LOSS OR SUBSTANTIAL IMPAIRMENT OF A BODILY FUNCTION. 13 (v) SERIOUS VISIBLE DISFIGUREMENT. 14 (vi) A COMATOSE STATE THAT LASTS FOR MORE THAN 3 DAYS. 15 (vii) MEASURABLE BRAIN DAMAGE OR MENTAL IMPAIRMENT. 16 (viii) A SKULL FRACTURE OR OTHER SERIOUS BONE FRACTURE. 17 (ix) SUBDURAL HEMORRHAGE OR SUBDURAL HEMATOMA. 03690'99 Final page. 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