HOUSE BILL No. 4643 May 6, 1999, Introduced by Rep. Woronchak and referred to the Committee on Constitutional Law and Ethics. A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 209a and 212a (MCL 750.209a and 750.212a), as added by 1998 PA 206. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 209a. A person who, with the intent to terrorize, 2 frighten, intimidate, threaten, harass, or annoy any other 3 person, possesses an explosive substance or device in a public 4 place is guilty of afelony punishable by imprisonment for not5more than 10 years or a fine of not more than $10,000.00, or6both.CRIME AS FOLLOWS: 7 (A) EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISIONS (B) TO (E), 8 THE PERSON IS GUILTY OF A FELONY PUNISHABLE BY IMPRISONMENT FOR 9 NOT MORE THAN 15 YEARS OR A FINE OF NOT MORE THAN $10,000.00, OR 10 BOTH. 03692'99 TVD 2 1 (B) IF THE VIOLATION DAMAGES THE PROPERTY OF ANOTHER PERSON, 2 THE PERSON IS GUILTY OF A FELONY PUNISHABLE BY IMPRISONMENT FOR 3 NOT MORE THAN 20 YEARS OR A FINE OF NOT MORE THAN $15,000.00, OR 4 BOTH. 5 (C) IF THE VIOLATION CAUSES PHYSICAL INJURY TO ANOTHER INDI- 6 VIDUAL, OTHER THAN SERIOUS IMPAIRMENT OF A BODY FUNCTION, THE 7 PERSON IS GUILTY OF A FELONY PUNISHABLE BY IMPRISONMENT FOR NOT 8 MORE THAN 25 YEARS OR A FINE OF NOT MORE THAN $20,000.00, OR 9 BOTH. 10 (D) IF THE VIOLATION CAUSES SERIOUS IMPAIRMENT OF A BODY 11 FUNCTION TO ANOTHER INDIVIDUAL, THE PERSON IS GUILTY OF A FELONY 12 PUNISHABLE BY IMPRISONMENT FOR LIFE OR FOR ANY TERM OF YEARS OR A 13 FINE OF NOT MORE THAN $25,000.00, OR BOTH. AS USED IN THIS SUB- 14 DIVISION, "SERIOUS IMPAIRMENT OF A BODY FUNCTION" INCLUDES, BUT 15 IS NOT LIMITED TO, 1 OR MORE OF THE FOLLOWING: 16 (i) LOSS OF A LIMB OR USE OF A LIMB. 17 (ii) LOSS OF A HAND, FOOT, FINGER, OR THUMB OR USE OF A 18 HAND, FOOT, FINGER, OR THUMB. 19 (iii) LOSS OF AN EYE OR EAR OR USE OF AN EYE OR EAR. 20 (iv) LOSS OR SUBSTANTIAL IMPAIRMENT OF A BODILY FUNCTION. 21 (v) SERIOUS VISIBLE DISFIGUREMENT. 22 (vi) A COMATOSE STATE THAT LASTS FOR MORE THAN 3 DAYS. 23 (vii) MEASURABLE BRAIN DAMAGE OR MENTAL IMPAIRMENT. 24 (viii) A SKULL FRACTURE OR OTHER SERIOUS BONE FRACTURE. 25 (ix) SUBDURAL HEMORRHAGE OR SUBDURAL HEMATOMA. 26 (E) IF THE VIOLATION CAUSES THE DEATH OF ANOTHER INDIVIDUAL, 27 THE PERSON IS GUILTY OF A FELONY AND SHALL BE IMPRISONED FOR LIFE 03692'99 3 1 WITHOUT ELIGIBILITY FOR PAROLE AND MAY BE FINED NOT MORE THAN 2 $40,000.00, OR BOTH. 3 Sec. 212a. (1) If a person violates this chapter,AND 4 the violation is committed in or is directed at a vulnerable 5 target,and the violation results in the death of another indi-6vidual or results in serious impairment of a body function of7another individual,the person is guilty of afelony punishable8by imprisonment for not more than 20 years.CRIME AS FOLLOWS: 9 (A) EXCEPT AS PROVIDED IN SUBDIVISION (B), THE PERSON IS 10 GUILTY OF A FELONY PUNISHABLE BY IMPRISONMENT FOR LIFE OR ANY 11 TERM OF YEARS. 12 (B) IF THE VIOLATION RESULTS IN THE DEATH OF ANOTHER INDI- 13 VIDUAL OR RESULTS IN SERIOUS IMPAIRMENT OF A BODY FUNCTION OF 14 ANOTHER INDIVIDUAL, THE PERSON IS GUILTY OF A FELONY AND SHALL BE 15 IMPRISONED FOR LIFE WITHOUT PAROLE ELIGIBILITY. 16 (2) A term of imprisonment imposed under this section shall 17 be served concurrently to the term of imprisonment for the under- 18 lying violation. 19 (3)(2)As used in this section: 20 (a) "Serious impairment of a body function" means that term 21 as defined in section 625 of the Michigan vehicle code, 1949 PA 22 300, MCL 257.625. 23 (b) "Vulnerable target" means any of the following: 24 (i) A child care center or day care center as defined in 25 section 1 of 1973 PA 116, MCL 722.111. 26 (ii) A health care facility or agency as defined in section 27 20106 of the public health code, 1978 PA 368, MCL 333.20106. 03692'99 4 1 (iii) A building or structure open to the general public. 2 (iv) A church, synagogue, mosque, or other place of reli- 3 gious worship. 4 (v) A public, private, denominational, or parochial school 5 offering developmental kindergarten, kindergarten, or any grade 1 6 through 12. 7 (vi) An institution of higher education. 03692'99 Final page. TVD