HOUSE BILL No. 5442


     November 1, 2001, Introduced by Reps. Kooiman, Raczkowski, Faunce, Julian, Woronchak, Sanborn, Ehardt and Mortimer and referred to the
Committee on Criminal Justice.


        A bill to amend 1931 PA 328, entitled

   "The Michigan penal code,"

   by amending sections 479 and 479a (MCL 750.479 and 750.479a),

   section 479a as amended by 1998 PA 344.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 479.  (1)  Resisting, etc., officer in discharge of

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      duty--Any  A person  who shall knowingly  SHALL NOT DO ANY OF
   THE

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      FOLLOWING:

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           (A) KNOWINGLY and  wilfully  WILLFULLY obstruct, resist, or

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      oppose  any  A sheriff,  coroner  MEDICAL EXAMINER, township

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      treasurer, constable, or other officer or  person  duly autho-

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      rized  , in  PERSON serving  ,  or attempting to serve or
   execute

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      any process, rule, or order made or issued by lawful authority.

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       , or who shall resist any




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           (B) RESIST AN officer  in the execution of any  ENFORCING AN

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      ordinance,  by  law,  or any  rule, order, or resolution
    made,

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      issued, or passed by  OF the common council of  any  A city
   board

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      of trustees,  or  THE common council or village council of 
   any

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      AN incorporated village, or A township board of any township.  or

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      who shall assault

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           (C) ASSAULT, beat, or wound  any sheriff, coroner  A MEDICAL

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      EXAMINER, township treasurer,  constable  or other  officer 
   duly

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      authorized  , while  OFFICER OTHER THAN A PEACE OFFICER serving

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       ,  or attempting to serve or execute any  such  process,
   rule,

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      or order DESCRIBED IN THIS SECTION, or for having served  ,  or

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      attempted to serve or execute  the same, or who shall so

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      obstruct,  ANY PROCESS, RULE, OR ORDER DESCRIBED IN THIS

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      SECTION.

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           (D) OBSTRUCT, resist, OR oppose  , assault, beat or wound

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      any  of the above named officers,  INDIVIDUAL DESCRIBED IN THIS

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      SECTION or any other  person or persons  INDIVIDUAL authorized by

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      law to maintain and preserve the peace  ,  in  their  HIS OR
   HER

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      lawful acts, attempts,  and  OR efforts to maintain, preserve,

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      and keep the peace.  , shall be

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           (E) ASSAULT, BEAT, OR WOUND ANY INDIVIDUAL DESCRIBED IN THIS

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      SECTION OR ANY OTHER INDIVIDUAL AUTHORIZED BY LAW TO MAINTAIN AND

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      PRESERVE THE PEACE, OTHER THAN A PEACE OFFICER, IN HIS OR HER

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      LAWFUL ACTS, ATTEMPTS, OR EFFORTS TO MAINTAIN, PRESERVE, AND KEEP

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      THE PEACE.

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           (2) EXCEPT AS PROVIDED IN SUBSECTION (3), A PERSON WHO

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      VIOLATES THIS SECTION IS guilty of a misdemeanor  ,  punishable



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      by imprisonment  in the state prison  FOR not more than 2 years

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       ,  or  by  a fine of not more than  1,000 dollars
    $1,000.00, OR

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      BOTH.

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           (3) A PERSON WHO VIOLATES THIS SECTION AND BY THAT VIOLATION

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      INFLICTS BODILY INJURY REQUIRING MEDICAL ATTENTION OR MEDICAL

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      CARE ON AN INDIVIDUAL DESCRIBED IN THIS SECTION IS GUILTY OF A

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

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      FINE OF NOT MORE THAN $5,000.00, OR BOTH.

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           (4) AS USED IN THIS SECTION, "PEACE OFFICER" MEANS THAT TERM

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      AS DEFINED IN SECTION 81D.

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           Sec. 479a.  (1) A driver of a motor vehicle who is given by

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      hand, voice, emergency light, or siren a visual or audible signal

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      by a police or conservation officer, acting in the lawful per-

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      formance of his or her duty, directing the driver to bring his or

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      her motor vehicle to a stop shall not willfully fail to obey that

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      direction by increasing the speed of the vehicle, extinguishing

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      the lights of the vehicle, or otherwise attempting to flee or

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      elude the police or conservation officer.  This subsection does

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      not apply unless the police or conservation officer giving the

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      signal is in uniform and the officer's vehicle is identified as

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      an official police or department of natural resources vehicle.

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           (2) Except as provided in subsection (3), (4), or (5), an

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      individual who violates subsection (1) is guilty of fourth-degree

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      fleeing and eluding, a felony punishable by imprisonment for not

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      more than 2 years or a fine of not more than $500.00, or both.

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           (3) Except as provided in subsection (4) or (5), an

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      individual who violates subsection (1) is guilty of third-degree



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      fleeing and eluding, a felony punishable by imprisonment for not

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      more than 5 years or a fine of not more than $1,000.00, or both,

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      if 1 or more of the following circumstances apply:

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           (a) The violation results in a collision or accident.

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           (b) A portion of the violation occurred in an area where the

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      speed limit is 35 miles an hour or less, whether that speed limit

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      is posted or imposed as a matter of law.

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           (c) The individual has a prior conviction for fourth-degree

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      fleeing and eluding, attempted fourth-degree fleeing and eluding,

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      or fleeing and eluding under a current or former law of this

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      state prohibiting substantially similar conduct.

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           (4) Except as provided in subsection (5), an individual who

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      violates subsection (1) is guilty of second-degree fleeing and

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      eluding, a felony punishable by imprisonment for not more than 10

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      years or a fine of not more than $5,000.00, or both, if 1 or more

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      of the following circumstances apply:

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           (a) The violation results in serious injury to an

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      individual.

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           (b) The individual has 1 or more prior convictions for

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      first-, second-, or third-degree fleeing and eluding, attempted

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      first-, second-, or third-degree fleeing and eluding, or fleeing

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      and eluding under a current or former law of this state prohibit-

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      ing substantially similar conduct.

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           (c) The individual has any combination of 2 or more prior

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      convictions for fourth-degree fleeing and eluding, attempted

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      fourth-degree fleeing and eluding, or fleeing and eluding under a





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      current or former law of this state prohibiting substantially

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      similar conduct.

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           (5) If the violation results in the death of another indi-

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      vidual, an individual who violates subsection (1) is guilty of

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      first-degree fleeing and eluding, a felony punishable by impris-

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      onment for not more than 15 years or a fine of not more than

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      $10,000.00, or both.

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            (6) An individual who forcibly assaults or commits a bodily

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      injury requiring medical care or attention upon a peace or police

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      officer of this state while the peace or police officer is

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      engaged in making a lawful arrest, knowing him or her to be a

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      peace or police officer, is guilty of a misdemeanor punishable by

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      a fine of not more than $1,000.00 or imprisonment for not more

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      than 2 years, or both.

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           (6)  (7)  Upon a conviction for a violation or attempted

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      violation under subsection (2) or (3), the secretary of state

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      shall suspend the individual's operator's or chauffeur's license

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      as provided in section 319 of the Michigan vehicle code, 1949

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      PA 300, MCL 257.319.

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           (7)  (8)  Upon a conviction for a violation or attempted

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      violation under subsection (4) or (5), the secretary of state

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      shall revoke the individual's operator's or chauffeur's license

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      as provided in section 303 of the Michigan vehicle code, 1949

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      PA 300, MCL 257.303.

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           (8)  (9)  Except as otherwise provided, a conviction under

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      this section does not prohibit a conviction and sentence under

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      any other applicable provision for conduct arising out of the



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      same transaction.  A conviction under subsection (2), (3), (4),

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      or (5) prohibits a conviction under section 602a of the Michigan

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      vehicle code, 1949 PA 300, MCL 257.602a, for conduct arising out

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      of the same transaction.

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           (9)  (10)  As used in this section, "serious injury" means a

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      physical injury that is not necessarily permanent, but that con-

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      stitutes serious bodily disfigurement or that seriously impairs

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      the functioning of a body organ or limb.  Serious injury

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      includes, but is not limited to, 1 or more of the following:

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           (a) Loss of a limb or of use of a limb.

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           (b) Loss of a hand, foot, finger, or thumb or of use of a

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      hand, foot, finger, or thumb.

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           (c) Loss of an eye or ear or of use of an eye or ear.

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           (d) Loss or substantial impairment of a bodily function.

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           (e) Serious visible disfigurement.

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           (f) A comatose state that lasts for more than 3 days.

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           (g) Measurable brain damage or mental impairment.

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           (h) A skull fracture or other serious bone fracture.

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           (i) Subdural hemorrhage or hematoma.

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           Enacting section 1.  This amendatory act does not take

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      effect unless Senate Bill No. ___ or House Bill No. 5440 (request

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      no. 04124'01 b **) of the 91st Legislature is enacted into law.













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