HOUSE BILL No. 6631

 

November 14, 2006, Introduced by Rep. Hansen and referred to the Committee on Judiciary.

 

     A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

 

by amending section 197c (MCL 750.197c), as amended by 1998 PA 510.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 197c. (1) A person lawfully imprisoned in a jail, other

 

place of confinement established by law for any term, or lawfully

 

imprisoned for any purpose at any other place, including but not

 

limited to hospitals and other health care facilities or awaiting

 

examination, trial, arraignment, sentence, or after sentence

 

awaiting or during transfer to or from a prison, for a crime or

 

offense, or charged with a crime or offense who, without being

 

discharged from the place of confinement, or other lawful

 

imprisonment by due process of law, through the use of violence,

 

threats of violence or dangerous weapons, assaults an employee of


 

the place of confinement or other custodian knowing the person to

 

be an employee or custodian or breaks the place of confinement and

 

escapes, or breaks the place of confinement although an escape is

 

not actually made, is guilty of a felony punishable by imprisonment

 

for not more than 5 years or a fine of not more than $2,500.00, or

 

both.

 

     (2) As used in this section:

 

     (a) "Place of confinement" includes a  youth  correctional

 

facility operated by the department of corrections, a local unit of

 

government, or a private vendor under section  20g  20i of 1953 PA

 

232, MCL  791.220g  791.220i.

 

     (b) "Employee" includes persons who are employed by the place

 

of confinement as independent contractors.