HOUSE BILL No. 4662


     April 24, 2001, Introduced by Reps. Kolb, Godchaux, Jacobs, Thomas, McConico, Woodward, Waters, Jamnick, Minore,
Lipsey, Bogardus, Rivet, Plakas, Hale, Neumann, Schauer, Gieleghem, Hardman, Dennis, Murphy, Whitmer, Bovin, Garza, Hansen,
Zelenko, Williams, Switalski, Stallworth, Basham and Lemmons and referred to the Committee on Criminal Justice.


        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:

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

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      intimidation if that person maliciously, and with specific intent

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      to intimidate or harass another person because of that person's

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      race, color, religion, gender, SEXUAL ORIENTATION, or national

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      origin, does any of the following:

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           (a) Causes physical contact with another person.

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

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      erty of another person.






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           (c) Threatens, by word or act, to do an act described in

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

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      that an act described in subdivision (a) or (b) will occur.

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           (2)  Ethnic  FELONIOUS intimidation is a felony punishable

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

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      more than $5,000.00, or both.

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           (3) A TERM OF IMPRISONMENT IMPOSED FOR FELONIOUS INTIMIDA-

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      TION SHALL BE SERVED IN ADDITION TO, CONSECUTIVE WITH, AND BEFORE

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      A TERM OF IMPRISONMENT IMPOSED FOR ANY OTHER FELONY OR ATTEMPTED

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      FELONY CONVICTION THAT ARISES OUT OF THE SAME TRANSACTION OR

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      OCCURRENCE FROM WHICH THE FELONIOUS INTIMIDATION CONVICTION

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      AROSE.

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           (4)  (3)  Regardless of the existence or outcome of any

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

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      person or damage to his or her property as a result of  ethnic 

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      FELONIOUS intimidation may bring a civil cause of action against

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      the person who commits the offense to secure an injunction,

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      actual damages, including damages for emotional distress, or

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      other appropriate relief.  A plaintiff who prevails in a civil

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      action brought  pursuant to  UNDER this section may recover both

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      of the following:

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

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

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           (b) Reasonable attorney fees and costs.









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