HOUSE BILL No. 5039


     July 12, 2001, Introduced by Reps. Kooiman, Stewart, Gilbert, Toy, Godchaux, Jacobs, Hansen, Schauer, Pestka, Hart and Jansen and referred to
the Committee on Transportation.


        A bill to amend 1931 PA 328, entitled

   "The Michigan penal code,"

   (MCL 750.1 to 750.568) by adding section 81d.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           SEC. 81D.  (1) AN INDIVIDUAL WHO ASSAULTS AND BATTERS

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      ANOTHER INDIVIDUAL UNDER ANY OF THE FOLLOWING CIRCUMSTANCES AND

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      CAUSES ANY PHYSICAL INJURY TO THAT OTHER INDIVIDUAL IS GUILTY OF

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      A FELONY PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 4 YEARS OR

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      A FINE OF NOT MORE THAN $2,000.00, OR BOTH:

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           (A) THE OTHER INDIVIDUAL IS AN EMPLOYEE OF A PUBLIC TRANSIT

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      AUTHORITY AND IS OPERATING A PUBLIC TRANSIT VEHICLE OR IS PER-

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      FORMING DUTIES ASSOCIATED WITH THE OPERATION OF A PUBLIC TRANSIT

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      VEHICLE.






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           (B) THE OTHER INDIVIDUAL IS A PASSENGER ON A PUBLIC TRANSIT

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      VEHICLE OR IS ENTERING INTO OR EXITING FROM A PUBLIC TRANSIT

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      VEHICLE.

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           (C) THE OTHER INDIVIDUAL IS IN A LOCATION DESIGNATED IN COM-

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      PLIANCE WITH STATE OR LOCAL LAW AS AN AREA FOR USE BY PUBLIC

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      TRANSIT VEHICLES IN PICKING UP OR DISCHARGING PASSENGERS.

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           (D) THE OTHER INDIVIDUAL IS IN A FACILITY OR AREA THAT IS

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      OWNED OR OPERATED BY A PUBLIC TRANSIT AUTHORITY AND THAT IS FOR

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      USE IN PROVIDING TRANSPORTATION SERVICES TO THE GENERAL PUBLIC,

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      INCLUDING A PARKING LOT FOR VISITORS.

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           (2) AS USED IN THIS SECTION:

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           (A) "PUBLIC TRANSIT AUTHORITY" MEANS AN ENTITY OF A LOCAL

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      UNIT OF GOVERNMENT OF THIS STATE OR A COMBINATION OF LOCAL UNITS

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      OF GOVERNMENT OF THIS STATE THAT IS AUTHORIZED BY LAW TO PROVIDE

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      TRANSPORTATION SERVICES TO THE GENERAL PUBLIC.

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           (B) "PUBLIC TRANSIT VEHICLE" MEANS A VEHICLE USED BY A

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      PUBLIC TRANSIT AUTHORITY TO PROVIDE TRANSPORTATION SERVICES TO

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      THE GENERAL PUBLIC.





















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