SB-0358, As Passed Senate, May 22, 2007
March 20, 2007, Introduced by Senators KUIPERS and ALLEN and referred to the Committee on Judiciary.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
(MCL 750.1 to 750.568) by adding section 498c.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 498c. (1) Except as provided in subsection (2), a person
who, without lawful authority, tampers with, takes, or removes a
public safety device owned or maintained by this state or a
political subdivision of this state knowing or having reason to
know that the device is a public safety device is guilty of a
misdemeanor punishable by imprisonment for not more than 93 days or
a fine of not more than $1,000.00, or both.
(2) A person who, without lawful authority, tampers with,
takes, or removes a public safety device owned or maintained by
Senate Bill No. 358 as amended May 17, 2007
this state or a political subdivision of this state knowing or
having reason to know that the device is a public safety device,
and thereby renders the device unavailable or unusable for rescue
when needed is guilty of a crime as follows:
(a) If the violation is the proximate cause of serious
impairment of a body function of another person, the person is
guilty of a felony punishable by imprisonment for not more than 5
years or a fine of not less than $1,000.00 or more than $5,000.00,
or both imprisonment and a fine.
(b) If the violation is the proximate cause of the death of
another person, the person is guilty of a felony punishable by
imprisonment for not more than 15 years or a fine of not less than
$2,500.00 or more than $10,000.00, or both imprisonment and a fine.
(3) As used in this section:
(a) "Public safety device" means either of the following:
(i) A device to render emergency medical assistance to an
individual including << >> a first aid kit, an
oxygen supply kit, a cardiac defibrillator, or a stretcher.
(ii) A device to prevent or suppress a fire including <<
>> a fire detector, fire alarm, or fire extinguisher.
(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.
<<Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted.>>