April 2, 2003, Introduced by Reps. Van Regenmorter, Nofs, Howell, Caswell, Richardville, Palsrok, Caul, Hune, Newell, DeRoche, Bisbee, Middaugh, Brandenburg, Acciavatti, LaJoy, Pastor, Casperson, Tabor, Drolet, Milosch, Bieda, Lipsey, Gieleghem, Meisner, Moolenaar and Ward and referred to the Committee on Criminal Justice.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending sections 200i, 200l, 204, 207, 209, 210, 211a, and
212a (MCL 750.200i, 750.200l, 750.204, 750.207, 750.209, 750.210,
750.211a, and 750.212a), section 200i as added by 1998 PA 207,
section 200l as added by 2001 PA 135, sections 204 and 211a as
amended by 1998 PA 206, sections 207, 209, and 210 as amended by
1998 PA 208, and section 212a as amended by 2002 PA 140.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 200i. (1) A person shall not manufacture, deliver,
2 possess, transport, place, use, or release any of the following
3 for an unlawful purpose:
4 (a) A harmful biological substance or a harmful biological
5 device.
6 (b) A harmful chemical substance or a harmful chemical
1 device.
2 (c) A harmful radioactive material or a harmful radioactive
3 device.
4 (d) A harmful electronic or electromagnetic device.
5 (2) A person who violates subsection (1) is guilty of a crime
6 as follows:
7 (a) Except as provided in subdivisions (b) to (e), the person
8 is guilty of a felony punishable by imprisonment for not more
9 than 15 years or a fine of not more than $10,000.00, or both.
10 (b) If the violation directly or indirectly results in
11 property damage, the person is guilty of a felony punishable by
12 imprisonment for not more than 20 years or a fine of not more
13 than $15,000.00, or both.
14 (c) If the violation directly or indirectly results in
15 personal injury to another individual other than serious
16 impairment of a body function or death, the person is guilty of a
17 felony punishable by imprisonment for not more than 25 years or a
18 fine of not more than $20,000.00, or both.
19 (d) If the violation directly or indirectly results in
20 serious impairment of a body function to another individual, the
21 person is guilty of a felony punishable by imprisonment for life
22 or any term of years or a fine of not more than $25,000.00, or
23 both.
24 (e) If the violation directly or indirectly results in the
25 death of another individual, the person is guilty of a felony and
26 shall be punished by imprisonment for life without eligibility
27 for parole and may be fined not more than $40,000.00, or both.
1 Sec. 200l. (1) A person shall not commit an act with the
2 intent to cause an individual to falsely believe that the
3 individual has been exposed to a harmful biological substance,
4 harmful biological device, harmful chemical substance, harmful
5 chemical device, harmful
radioactive material, or harmful
6 radioactive device, or harmful electronic or electromagnetic
7 device.
8 (2) A person who violates subsection (1) is guilty of a
9 felony punishable by imprisonment for not more than 5 years or a
10 fine of not more than $10,000.00, or both.
11 (3) The court
also shall impose costs on a person who
12 violates subsection
(1) to reimburse any governmental agency for
13 its expenses incurred
as a result of the violation, in the manner
14 provided in section 1f
of chapter IX of the code of criminal
15 procedure, 1927 PA
175, MCL 769.1f.
16 Sec. 204. (1) A person shall not send or deliver to another
17 person or cause to be taken or received by any person any kind of
18 explosive substance or any other dangerous thing with the intent
19 to frighten, terrorize, intimidate, threaten, harass, injure, or
20 kill any person, or with the intent to damage or destroy any real
21 or personal property without the permission of the property owner
22 or, if the property is public property, without the permission of
23 the governmental agency having authority over that property.
24 (2) A person who violates this section is guilty of a crime
25 as follows:
26 (a) Except as otherwise provided in subdivisions (b) to (e),
27 the person is guilty of a felony punishable by imprisonment for
1 not more than 15 years or a fine of not more than $10,000.00, or
2 both.
3 (b) If the violation damages the property of another person,
4 the person is guilty of a felony punishable by imprisonment for
5 not more than 20 years or a fine of not more than $15,000.00, or
6 both.
7 (c) If the violation causes physical injury to another
8 individual, other than serious impairment of a body function, the
9 person is guilty of a felony punishable by imprisonment for not
10 more than 25 years or a fine of not more than $20,000.00, or
11 both.
12 (d) If the violation causes serious impairment of a body
13 function to another individual, the person is guilty of a felony
14 punishable by imprisonment for life or any term of years or a
15 fine of not more than
$25,000.00, or both. As used in this
16 subdivision,
"serious impairment of a body function" includes,
17 but is not limited to,
1 or more of the following:
18 (i) Loss of a limb or use of a limb.
19 (ii) Loss of a hand, foot, finger, or thumb or use of a
hand,
20 foot, finger, or
thumb.
21 (iii) Loss of an eye or ear or use of an eye or ear.
22 (iv) Loss or substantial impairment of a bodily function.
23 (v) Serious visible disfigurement.
24 (vi) A comatose state that lasts for more than 3 days.
25 (vii) Measurable brain damage or mental impairment.
26 (viii) A skull fracture or other serious bone fracture.
27 (ix) Subdural hemorrhage or subdural hematoma.
1 (e) If the violation causes the death of another individual,
2 the person is guilty of a felony and shall be imprisoned for life
3 without eligibility for parole and may be fined not more than
4 $40,000.00, or both.
5 Sec. 207. (1) A person shall not place an explosive
6 substance in or near any real or personal property with the
7 intent to frighten, terrorize, intimidate, threaten, harass,
8 injure, or kill any person, or with the intent to damage or
9 destroy any real or personal property without the permission of
10 the property owner or, if the property is public property,
11 without the permission of the governmental agency having
12 authority over that property.
13 (2) A person who violates this section is guilty of a crime
14 as follows:
15 (a) Except as otherwise provided in subdivisions (b) to (e),
16 the person is guilty of a felony punishable by imprisonment for
17 not more than 15 years or a fine of not more than $10,000.00, or
18 both.
19 (b) If the violation damages the property of another person,
20 the person is guilty of a felony punishable by imprisonment for
21 not more than 20 years or a fine of not more than $15,000.00, or
22 both.
23 (c) If the violation causes physical injury to another
24 individual, other than serious impairment of a body function, the
25 person is guilty of a felony punishable by imprisonment for not
26 more than 25 years or a fine of not more than $20,000.00, or
27 both.
1 (d) If the violation causes serious impairment of a body
2 function to another individual, the person is guilty of a felony
3 punishable by imprisonment for life or for any term of years or a
4 fine of not more than
$25,000.00, or both. As used in this
5 subdivision,
"serious impairment of a body function" includes,
6 but is not limited to,
1 or more of the following:
7 (i) Loss of a limb or use of a limb.
8 (ii) Loss of a hand, foot, finger, or thumb or use of a
hand,
9 foot, finger, or
thumb.
10 (iii) Loss of an eye or ear or use of an eye or ear.
11 (iv) Loss or substantial impairment of a bodily function.
12 (v) Serious visible disfigurement.
13 (vi) A comatose state that lasts for more than 3 days.
14 (vii) Measurable brain damage or mental impairment.
15 (viii) A skull fracture or other serious bone fracture.
16 (ix) Subdural hemorrhage or subdural hematoma.
17 (e) If the violation causes the death of another individual,
18 the person is guilty of a felony and shall be imprisoned for life
19 without eligibility for parole and may be fined not more than
20 $40,000.00, or both.
21 Sec. 209. (1) A person who places an offensive or injurious
22 substance or compound in or near to any real or personal property
23 with intent to wrongfully injure or coerce another person or to
24 injure the property or business of another person, or to
25 interfere with another person's use, management, conduct, or
26 control of his or her business or property is guilty of a crime
27 as follows:
1 (a) Except as otherwise provided in subdivisions (b) to (e),
2 the person is guilty of a felony punishable by imprisonment for
3 not more than 15 years or a fine of not more than $10,000.00, or
4 both.
5 (b) If the violation damages the property of another person,
6 the person is guilty of a felony punishable by imprisonment for
7 not more than 20 years or a fine of not more than $15,000.00, or
8 both.
9 (c) If the violation causes physical injury to another
10 individual, other than serious impairment of a body function, the
11 person is guilty of a felony punishable by imprisonment for not
12 more than 25 years or a fine of not more than $20,000.00, or
13 both.
14 (d) If the violation causes serious impairment of a body
15 function to another individual, the person is guilty of a felony
16 punishable by imprisonment for life or for any term of years or a
17 fine of not more than
$25,000.00, or both. As used in this
18 subdivision,
"serious impairment of a body function" includes,
19 but is not limited to,
1 or more of the following:
20 (i) Loss of a limb or use of a limb.
21 (ii) Loss of a hand, foot, finger, or thumb or use of a
hand,
22 foot, finger, or
thumb.
23 (iii) Loss of an eye or ear or use of an eye or ear.
24 (iv) Loss or substantial impairment of a bodily function.
25 (v) Serious visible disfigurement.
26 (vi) A comatose state that lasts for more than 3 days.
27 (vii) Measurable brain damage or mental impairment.
1 (viii) A skull fracture or other serious bone fracture.
2 (ix) Subdural hemorrhage or subdural hematoma.
3 (e) If the violation causes the death of another individual,
4 the person is guilty of a felony and shall be imprisoned for life
5 without eligibility for parole and may be fined not more than
6 $40,000.00, or both.
7 (2) A person who places an offensive or injurious substance
8 or compound in or near to any real or personal property with the
9 intent to annoy or alarm any person is guilty of a felony
10 punishable by imprisonment for not more than 5 years or a fine of
11 not more than $3,000.00, or both.
12 Sec. 210. (1) A person shall not carry or possess an
13 explosive or combustible substance or a substance or compound
14 that when combined with another substance or compound will become
15 explosive or combustible or an article containing an explosive or
16 combustible substance or a substance or compound that when
17 combined with another substance or compound will become explosive
18 or combustible, with the intent to frighten, terrorize,
19 intimidate, threaten, harass, injure, or kill any person, or with
20 the intent to damage or destroy any real or personal property
21 without the permission of the property owner or, if the property
22 is public property, without the permission of the governmental
23 agency having authority over that property.
24 (2) A person who
violates this subsection (1) is guilty of
25 a crime as follows:
26 (a) Except as provided in subdivisions (b) to (e), the
27 person is guilty of a felony punishable by imprisonment for not
1 more than 15 years or a fine of not more than $10,000.00, or
2 both.
3 (b) If the violation damages the property of another person,
4 the person is guilty of a felony punishable by imprisonment for
5 not more than 20 years or a fine of not more than $15,000.00, or
6 both.
7 (c) If the violation causes physical injury to another
8 individual, other than serious impairment of a body function, the
9 person is guilty of a felony punishable by imprisonment for not
10 more than 25 years or a fine of not more than $20,000.00, or
11 both.
12 (d) If the violation causes serious impairment of a body
13 function to another individual, the person is guilty of a felony
14 punishable by imprisonment for life or for any term of years or a
15 fine of not more than
$25,000.00, or both. As used in this
16 subdivision,
"serious impairment of a body function" includes,
17 but is not limited to,
1 or more of the following:
18 (i) Loss of a limb or use of a limb.
19 (ii) Loss of a hand, foot, finger, or thumb or use of a
hand,
20 foot, finger, or
thumb.
21 (iii) Loss of an eye or ear or use of an eye or ear.
22 (iv) Loss or substantial impairment of a bodily function.
23 (v) Serious visible disfigurement.
24 (vi) A comatose state that lasts for more than 3 days.
25 (vii) Measurable brain damage or mental impairment.
26 (viii) A skull fracture or other serious bone fracture.
27 (ix) Subdural hemorrhage or subdural hematoma.
1 (e) If the violation causes the death of another individual,
2 the person is guilty of a felony and shall be imprisoned for life
3 without eligibility for parole and may be fined not more than
4 $40,000.00, or both.
5 Sec. 211a. (1) A person shall not manufacture, buy, sell,
6 furnish, or have in his or her possession any device that is
7 designed to explode or that will explode upon impact or with the
8 application of heat or a flame, or that is highly incendiary,
9 with the intent to frighten, terrorize, intimidate, threaten,
10 harass, injure, or kill any person, or with the intent to damage
11 or destroy any real or personal property without the permission
12 of the property owner or, if the property is public property,
13 without the permission of the governmental agency having
14 authority over that property.
15 (2) A person who
violates this subsection (1) is guilty of
16 a crime as follows:
17 (a) Except as provided in subdivisions (b) to (e), the
18 person is guilty of a felony punishable by imprisonment for not
19 more than 15 years or a fine of not more than $10,000.00, or
20 both.
21 (b) If the violation damages the property of another person,
22 the person is guilty of a felony punishable by imprisonment for
23 not more than 20 years or a fine of not more than $15,000.00, or
24 both.
25 (c) If the violation causes physical injury to another
26 individual, other than serious impairment of a body function, the
27 person is guilty of a felony punishable by imprisonment for not
1 more than 25 years or a fine of not more than $20,000.00, or
2 both.
3 (d) If the violation causes serious impairment of a body
4 function to another individual, the person is guilty of a felony
5 punishable by imprisonment for life or any term of years or a
6 fine of not more than
$25,000.00, or both. As used in this
7 subdivision,
"serious impairment of a body function" includes,
8 but is not limited to,
1 or more of the following:
9 (i) Loss of a limb or use of a limb.
10 (ii) Loss of a hand, foot, finger, or thumb or use of a
hand,
11 foot, finger, or
thumb.
12 (iii) Loss of an eye or ear or use of an eye or ear.
13 (iv) Loss or substantial impairment of a bodily function.
14 (v) Serious visible disfigurement.
15 (vi) A comatose state that lasts for more than 3 days.
16 (vii) Measurable brain damage or mental impairment.
17 (viii) A skull fracture or other serious bone fracture.
18 (ix) Subdural hemorrhage or subdural hematoma.
19 (e) If the violation causes the death of another individual,
20 the person is guilty of a felony and shall be imprisoned for life
21 without eligibility for parole and may be fined not more than
22 $40,000.00, or both.
23 Sec. 212a. (1) If a person violates this chapter and the
24 violation is committed in or is directed at a vulnerable target,
25 the person is guilty of a felony punishable by imprisonment for
26 not more than 20 years. The court may order a term of
27 imprisonment imposed under this section to be served
1 consecutively to the term of imprisonment for the underlying
2 violation.
3 (2) As used in this
section, :
4 (a) "Serious
impairment of a body function" means that term
5 as defined in section
58c of the Michigan vehicle code, 1949 PA
6 300, MCL 257.58c.
7 (b)
"Vulnerable "vulnerable
target" means any of the
8 following:
9 (a) (i) A child
care center or day care center as defined
10 in section 1 of 1973 PA 116, MCL 722.111.
11 (b) (ii) A health
care facility or agency as defined in
12 section 20106 of the public health code, 1978 PA 368, MCL
13 333.20106.
14 (c) (iii) A
building or structure open to the general
15 public.
16 (d) (iv) A church,
synagogue, mosque, or other place of
17 religious worship.
18 (e) (v) A public,
private, denominational, or parochial
19 school offering developmental kindergarten, kindergarten, or any
20 grade 1 through 12.
21 (f) (vi) An
institution of higher education.
22 (g) (vii) A
stadium.
23 (h) (viii) A
transportation structure or facility open to
24 the public, including, but not limited to, a bridge, a tunnel, a
25 public highway, or a railroad.
26 (i) (ix) An
airport. As used in this subparagraph
27 subdivision, "airport" means that term as defined in section 2
1 or section 9 of the aeronautics code of the state of Michigan,
2 1945 PA 327, MCL 259.2.
and 259.9.
3 (j) (x) Port
facilities. As used in this subparagraph
4 subdivision, "port facilities" means that term as defined in
5 section 2 of the Hertel-Law-T. Stopczynski port authority act,
6 1978 PA 639, MCL 120.102.
7 (k) (xi) A public
services facility. As used in this
8 subparagraph subdivision, "public services
facility" means any
9 of the following facilities whether publicly or privately owned:
10 (i) (A) A
natural gas refinery, natural gas storage
11 facility, or natural gas pipeline.
12 (ii) (B) An
electric, steam, gas, telephone, power, water,
13 or pipeline facility.
14 (iii) (C) A
nuclear power plant, nuclear reactor facility,
15 or nuclear waste storage facility.
16 (l) (xii) A
petroleum refinery, petroleum storage facility,
17 or petroleum pipeline.
18 (m) (xiii) A
vehicle, locomotive or railroad car, aircraft,
19 or watercraft used to provide transportation services to the
20 public or to provide for the movement of goods in commerce.
21 (n) (xiv) A
building, structure, or other facility owned or
22 operated by the federal government, by this state, or by a
23 political subdivision or any other instrumentality of this state
24 or of a local unit of government.
25 (3) This section does not prohibit an individual from being
26 charged with, convicted of, or punished for any other violation
27 of law committed by that individual while violating this
1 section.
2 Enacting section 1. This amendatory act does not take
3 effect unless Senate Bill No. _____ or House Bill No. 4513
4 (request no. 03331'03) of the 92nd Legislature is enacted into
5 law.