March 21, 2006, Introduced by Rep. Hildenbrand and referred to the Committee on Judiciary.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 224d (MCL 750.224d), as amended by 1992 PA 4.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 224d. (1) As used in this section and section 224, "self-
defense spray device" means a device to which all of the following
apply:
(a) The device is capable of carrying, and ejects, releases,
or emits 1 of the following:
(i) Not more than 35 grams of any combination of
orthochlorobenzalmalononitrile and inert ingredients.
(ii) A solution containing not more than 2% oleoresin capsicum
or, for a person described in subsection (5)(a) or (c), not more
than 10% oleoresin capsicum.
(b) The device does not eject, release, or emit any gas or
substance that will temporarily or permanently disable,
incapacitate, injure, or harm a person with whom the gas or
substance comes in contact, other than the substance described in
subdivision (a)(i) or (ii).
(2) Except as otherwise provided in this section, a person who
uses a self-defense spray device to eject, release, or emit
orthochlorobenzalmalononitrile or oleoresin capsicum at another
person is guilty of a misdemeanor, punishable by imprisonment for
not more than 2 years, or a fine of not more than $2,000.00, or
both.
(3) If a person uses a self-defense spray device during the
commission of a crime to eject, release, or emit
orthochlorobenzalmalononitrile or oleoresin capsicum or threatens
to use a self-defense spray device during the commission of a crime
to temporarily or permanently disable another person, the judge who
imposes sentence upon a conviction for that crime shall consider
the defendant's use or threatened use of the self-defense spray
device as a reason for enhancing the sentence.
(4) A person shall not sell a self-defense spray device to a
minor. A person who violates this subsection is guilty of a
misdemeanor.
(5)
Subsection (2) does not prohibit either any
of the
following:
(a) The reasonable use of a self-defense spray device by a law
enforcement officer in the performance of the law enforcement
officer's duty.
(b) The reasonable use of a self-defense spray device by a
person in the protection of a person or property under
circumstances which
that would justify the person's use of
physical force.
(c) The reasonable use of a self-defense spray by a private
detective or private investigator as defined in section 2 of the
private detective license act, 1965 PA 285, MCL 338.822, or by a
private security guard as defined in section 2 of the private
security business and security alarm act, 1968 PA 330, MCL
338.1052, if the private detective, private investigator, or
private security guard successfully completed a course in the use
of a self-defense spray that was provided by a private entity and
approved by the department of labor and economic growth for
purposes of this subdivision.