SENATE BILL NO. 691


   September 21, 1999, Introduced by Senators V. SMITH and YOUNG and
        referred to the Committee on Judiciary.



        A bill to amend 1931 PA 328, entitled

   "The Michigan penal code,"

   (MCL 750.1 to 750.568) by adding section 411r.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         SEC. 411R.  (1) EXCEPT AS PROVIDED IN SUBSECTION (2), AN

 2    INDIVIDUAL WHO COMMITS OR ATTEMPTS TO COMMIT A VIOLENT FELONY IN

 3    WHICH THE VICTIM IS A SENIOR CITIZEN IS GUILTY OF A FELONY PUN-

 4    ISHABLE BY IMPRISONMENT FOR NOT MORE THAN 3 YEARS.

 5         (2) AN INDIVIDUAL WHO COMMITS OR ATTEMPTS TO COMMIT A FELONY

 6    DESCRIBED IN SUBSECTION (1) IN THE SENIOR CITIZEN'S HOME IS

 7    GUILTY OF A FELONY PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 5

 8    YEARS.

 9         (3) IT IS NOT A DEFENSE TO A CONVICTION UNDER THIS SECTION

10    THAT THE DEFENDANT DID NOT KNOW THE VICTIM WAS A SENIOR CITIZEN.




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 1         (4) AN INDIVIDUAL MAY BE CHARGED WITH AND CONVICTED OF A

 2    VIOLATION OF THIS SECTION IN ADDITION TO ANY CHARGE OR CONVICTION

 3    FOR THE UNDERLYING VIOLENT FELONY OR ATTEMPT TO COMMIT A VIOLENT

 4    FELONY.  A TERM OF IMPRISONMENT IMPOSED FOR A VIOLATION OF THIS

 5    SECTION SHALL BE SERVED CONSECUTIVELY WITH AND PRECEDING ANY TERM

 6    OF IMPRISONMENT IMPOSED FOR A CONVICTION OF THE UNDERLYING VIO-

 7    LENT FELONY OR ATTEMPT.

 8         (5) AS USED IN THIS SECTION:

 9         (A) "SENIOR CITIZEN" MEANS AN INDIVIDUAL WHO IS 60 YEARS OF

10    AGE OR OLDER.

11         (B) "VICTIM" MEANS AN INDIVIDUAL WHO SUFFERS DIRECT OR

12    THREATENED PHYSICAL, FINANCIAL, OR EMOTIONAL HARM AS A RESULT OF

13    THE COMMISSION OF A CRIME.

14         (C) "VIOLENT FELONY" MEANS A FELONY OFFENSE IN WHICH AN ELE-

15    MENT IS THE USE, ATTEMPTED USE, OR THREATENED USE OF PHYSICAL

16    FORCE AGAINST A PERSON OR THE PROPERTY OF ANOTHER PERSON OR THAT

17    BY ITS NATURE INVOLVES A SUBSTANTIAL RISK THAT PHYSICAL FORCE

18    AGAINST A PERSON OR THE PROPERTY OF ANOTHER PERSON MAY BE USED IN

19    THE COURSE OF COMMITTING THE OFFENSE.

20         (6) THIS SECTION SHALL BE KNOWN AND MAY BE CITED AS THE

21    "ROSA PARKS SENIOR CITIZEN VIOLENT CRIME PROTECTION ACT".















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