January 22, 2007, 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 2006 PA 401.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 224d. (1) As used in this section and section 224, "self-
defense spray or foam 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 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 or foam 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 or foam device
during the commission of a crime to eject, release, or emit
orthochlorobenzalmalononitrile or oleoresin capsicum or threatens
to use a self-defense spray or foam 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 or foam device as a reason for enhancing the sentence.
(4) A person shall not sell a self-defense spray or foam
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 or foam device
containing not more than 10% oleoresin capsicum by a person who is
employed by a county sheriff or a chief of police and who is
authorized in writing by the county sheriff or chief of police to
carry and use a self-defense spray or foam device and has been
trained in the use, effects, and risks of the device, while in
performance of his or her official duties.
(b) The reasonable use of a self-defense spray or a foam
device containing not more than 10% oleoresin capsicum 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.
(c) (b)
The reasonable use of a self-defense spray or foam
device containing not more than 2% oleoresin capsicum by a person
in
the protection of a person or property under circumstances which
that would justify the person's use of physical force.