INCREASE PEPPER SPRAY CONCENTRATION                                                     H.B. 5220:

                                                                                                    SUMMARY OF BILL

                                                                                      REPORTED FROM COMMITTEE

House Bill 5220 (as reported without amendment)

Sponsor:  Representative Michele Hoitenga

House Committee:  Judiciary

Senate Committee:  Judiciary

CONTENT

The bill would amend the Michigan Penal Code to increase from 10% to 18% the maximum amount of oleoresin capsicum (commonly called pepper spray) in a self-defense spray or foam device that a person may use in defense of people or property or that a law enforcement officer may use; and allow a person to use a self-defense spray or foam device containing an ultraviolet dye and not more than 18% oleoresin capsicum in defense of people or property.

MCL 750.224d                                                                  Legislative Analyst:  Jeff Mann

FISCAL IMPACT

The bill would have the effect of expanding the allowable defenses to prosecution for use of a self-defense spray or foam device that met the specifications of the bill. This could result in a marginal decrease in misdemeanor convictions and penalties associated with the use of these types of devices. The bill would likely not have a significant impact on State and local criminal justice costs.

Date Completed:  3-8-18                                                     Fiscal Analyst:  John Maxwell

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.