June 16, 2005, Introduced by Reps. Kehrl, Plakas, Lemmons, Jr. and Lemmons, III and referred to the Committee on Judiciary.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 227b (MCL 750.227b), as amended by 1990 PA 321.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 227b. (1) A person who carries or has in his or her
possession a firearm when he or she commits or attempts to commit a
felony,
except a violation of section 223,
section 227,
227a, or
230,
is guilty of a felony , and
shall be imprisoned for 2 10
years. Upon
a second conviction under this section, the person
shall
be imprisoned for 5 years. Upon a third or subsequent
conviction
under this subsection, the person shall be imprisoned
for
10 years.
(2) A term of imprisonment prescribed by this section is in
addition to the sentence imposed for the conviction of the felony
or
the attempt to commit the felony , and
shall be served
consecutively with and preceding any term of imprisonment imposed
for the conviction of the felony or attempt to commit the felony.
(3) A term of imprisonment imposed under this section shall
not be suspended. The person subject to the sentence mandated by
this section is not eligible for parole or probation during the
mandatory
term imposed pursuant to under subsection (1).
(4) This section does not apply to a law enforcement officer
who is authorized to carry a firearm while in the official
performance
of his or her duties , and
who is in the performance
of those duties. As used in this subsection, "law enforcement
officer" means a person who is regularly employed as a member of a
duly authorized police agency or other organization of the United
States, this state, or a city, county, township, or village of this
state ,
and who is responsible for the
prevention and detection
of crime and the enforcement of the general criminal laws of this
state.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted.