August 9, 2006, Introduced by Reps. Clack, Farrah, Kathleen Law, Hopgood, Accavitti, Donigan, Clemente, Gillard, Hunter, Tobocman, Alma Smith, Espinoza, McDowell, Condino, Bieda, Gleason, Brown, Adamini, Murphy, Virgil Smith, Zelenko, Meisner, Sak, Gonzales, Anderson, Williams, Farhat, Hune, Gaffney, Nofs, Stewart, Stahl, Meyer, Mortimer, Kahn, Ward, Vagnozzi, Sheltrown, Lemmons, Jr., Miller, Angerer, McConico, Leland, Plakas, Lipsey, Ball 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 234a (MCL 750.234a), as amended by 2005 PA 303.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
234a. (1) Except as provided in subsection (2) or (3)
otherwise provided in this section, an individual who intentionally
discharges a firearm from a motor vehicle, a snowmobile, or an off-
road vehicle in such a manner as to endanger the safety of another
individual is guilty of a felony, punishable by imprisonment for
not
more than 4 10
years , or a
fine of not more than
$2,000.00
$10,000.00, or both.
(2) An individual who violates this section in a manner that
causes the serious impairment of a body function of another
individual is guilty of a felony punishable by imprisonment for not
more than 15 years, or a fine of not more than $25,000.00, or both.
(3) (2)
Subsection (1) does Subsections
(1) and (2) do not
apply
to a any
of the following:
(a) A peace officer of this state or another state, or of a
local unit of government of this state or another state, or of the
United States, performing his or her duties as a peace officer
while
on or off a scheduled work shift as a peace officer. As
used
in
this subsection, "peace officer" means that term as defined in
section
215.
(b) (3)
Subsection (1) does not apply to an An individual
who discharges a firearm in self-defense or the defense of another
individual.
(4) This section does not prohibit an individual from being
charged with, convicted of, or punished for any other violation of
law that is committed by that individual while violating this
section.
(5) As used in this section:
(a) "Peace officer" means that term as defined in section 215.
(b) "Serious impairment of a body function" means that term as
defined in section 58c of the Michigan vehicle code, 1949 PA 300,
MCL 257.58c.