SB-1313, As Passed House, July 1, 2010

SUBSTITUTE FOR

SENATE BILL NO. 1313

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, a

person who assaults, batters, or assaults and batters an individual

while the individual is performing his or her duties as an employee

or contractor of a public utility or because of the individual's

status as an employee or contractor of a public utility is guilty

of a misdemeanor punishable by imprisonment for not more than 1

year or a fine of not more than $1,000.00, or both.

(2) A person who assaults, batters, or assaults and batters an

individual while the individual is performing his or her duties as

an employee or contractor of a public utility or because of the

individual's status as an employee or contractor of a public

utility causing the individual bodily injury requiring medical

attention or medical care is guilty of a felony punishable by

imprisonment for not more than 2 years or a fine of not more than

$1,000.00, or both.

(3) A person who assaults, batters, or assaults and batters an

individual while the individual is performing his or her duties as

an employee or contractor of a public utility or because of the

individual's status as an employee or contractor of a public

utility causing the individual serious impairment of a body

function 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.

(4) This section does not prohibit a person from being charged

with, convicted of, or punished for any other violation of law

arising out of the same transaction as the violation of this

section.

(5) As used in this section:

(a) "Public utility" means a utility that provides steam, gas,

heat, electricity, water, cable television, telecommunications

services, or pipeline services, whether privately, municipally, or

cooperatively owned.

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

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