HOUSE BILL No. 4936


     September 30, 1999, Introduced by Reps. Raczkowski, Martinez, Clarke and Scranton
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 147b (MCL 750.147b), as added by 1988 PA

   371.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 147b.  (1) A person is guilty of ethnic intimidation if

 2    that person maliciously, and with specific intent to intimidate

 3    or harass another person because of that person's race, color,

 4    religion, gender, or national origin, does any of the following:

 5         (a) Causes physical contact with another person.

 6         (b) Damages, destroys, or defaces any real or personal prop-

 7    erty of another person.

 8         (c)  Threatens, by  BY word or act, 
             to do  CAUSES ANOTHER

 9    PERSON TO FEAR THAT HE OR SHE WILL COMMIT an act described in

10    subdivision (a) or (b), if there is reasonable cause to believe


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 1    that  an  THE act described in subdivision (a) or
             (b) will

 2    occur.

 3         (2) Ethnic intimidation is a felony punishable by imprison-

 4    ment for not more than 2 years, or by a fine of not more than

 5    $5,000.00, or both.

 6         (3) Regardless of the existence or outcome of any criminal

 7    prosecution, a person who suffers injury to his or her person or

 8    damage to his or her property as a result of ethnic intimidation

 9    may bring a civil cause of action against the person who commits

10    the offense to secure an injunction, actual damages, including

11    damages for emotional distress, or other appropriate relief.  A

12    plaintiff who prevails in a civil action brought pursuant to this

13    section may recover both of the following:

14         (a) Damages in the amount of 3 times the actual damages

15    described in this subsection or $2,000.00, whichever is greater.

16         (b) Reasonable attorney fees and costs.

























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