HB-5560, As Passed House, March 5, 2008

SUBSTITUTE FOR

HOUSE BILL NO. 5560

     A bill to amend 1931 PA 328, entitled

"The Michigan penal code,"

(MCL 750.1 to 750.568) by adding section 81e.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 81e. (1) Except as otherwise provided in this section, an

individual who assaults or batters another individual under any of

the following circumstances and causes any bodily injury to that

other individual is guilty of a felony punishable by imprisonment

for not more than 2 years or a fine of not more than $2,000.00, or

both:

     (a) The other individual is an employee of a public transit

authority and is operating a public transit vehicle or is

performing duties associated with the operation of a public transit

vehicle.

     (b) The other individual is a passenger on a public transit

vehicle or is entering into or exiting from a public transit

vehicle.

     (2) A person who violates this section and by that violation

causes a bodily injury requiring medical attention or medical care

to an individual described in this section is guilty of a felony

punishable by imprisonment for not more than 4 years or a fine of

not more than $5,000.00, or both.

     (3) A person who violates this section and by that violation

causes serious impairment of a body function of an individual

described in this section is guilty of a felony punishable by

imprisonment for not more than 10 years or a fine of not more than

$10,000.00, or both.

     (4) A person who violates this section and by that violation

causes the death of an individual described in this section is

guilty of a felony punishable by imprisonment for not more than 20

years or a fine of not more than $20,000.00, or both.

     (5) 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.

     (6) As used in this section:

     (a) "Public transit authority" means an entity of a local unit

of government of this state or a combination of local units of

government of this state that is authorized by law to provide

transportation services to the general public.

     (b) "Public transit vehicle" means a vehicle used by a public

transit authority to provide transportation services to the general

public.

     (c) "Serious impairment of body function" means that term as

defined in section 58c of the Michigan vehicle code, 1949 PA 300,

MCL 257.58c.

     Enacting section 1. This amendatory act takes effect June 1,

2008.

     Enacting section 2. This amendatory act does not take effect

unless House Bill No. 5562 of the 94th Legislature is enacted into

law.