SB-0582, As Passed Senate, October 29, 2013

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 582

 

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

 

by amending sections 234a and 234b (MCL 750.234a and 750.234b), as

 

amended by 2005 PA 303.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 234a. (1) Except as provided in subsection (2) or (3), an

 

An individual who intentionally discharges a firearm from a motor

 

vehicle, a snowmobile, or an off-road vehicle in such a manner as

 

to endanger the safety of another individual is guilty of a crime

 

as follows:

 

     (a) If the violation endangers the safety of another

 

individual, the individual is guilty of a felony , punishable by

 

imprisonment for not more than 4 10 years , or a fine of not more

 

than $2,000.00, $10,000.00, or both.

 

     (b) If the violation causes any physical injury to another

 

individual, the individual is guilty of a felony punishable by

 

imprisonment for not more than 15 years or a fine of not more than

 

$15,000.00, or both.

 

     (c) If the violation causes the serious impairment of a body

 

function of another individual, the individual is guilty of a

 

felony punishable by imprisonment for not more than 20 years or a

 

fine of not more than $25,000.00, or both.

 

     (d) If the violation causes the death of another individual,

 

the individual is guilty of a felony punishable by imprisonment for

 

life or any term of years.

 

      (2) Subsection (1) does not apply to a any of the following:

 

     (a) A peace officer of this state or another state, or of a

 

local unit of government of this state or another state, or of the

 

United States, performing his or her duties as a peace officer

 

while on or off a scheduled work shift as a peace officer. As used

 

in this subsection, "peace officer" means that term as defined in

 

section 215.

 

     (b) (3) Subsection (1) does not apply to an An individual who

 

discharges a firearm in self-defense or the defense of another

 

individual.

 

     (3) 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.

 

     (4) A term of imprisonment imposed for a violation of this

 

section may run consecutively to any term of imprisonment imposed

 

for another violation arising from the same transaction.

 

     (5) As used in this section:

 

     (a) "Peace officer" means that term as defined in section 215.

 

     (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.

 

     Sec. 234b. (1) Except as otherwise provided in subsection (3)

 

or (4), this section, an individual who intentionally discharges a

 

firearm at a facility that he or she knows or has reason to believe

 

is a dwelling or an a potentially occupied structure, whether or

 

not the dwelling or structure is actually occupied at the time the

 

firearm is discharged, is guilty of a felony , punishable by

 

imprisonment for not more than 4 10 years , or a fine of not more

 

than $2,000.00, $10,000.00, or both.

 

     (2) An individual who intentionally discharges a firearm in a

 

facility that he or she knows or has reason to believe is an a

 

dwelling or a potentially occupied structure, in reckless disregard

 

for the safety of any individual and whether or not the dwelling or

 

structure is actually occupied at the time the firearm is

 

discharged, is guilty of a felony , punishable by imprisonment for

 

not more than 4 10 years , or a fine of not more than $2,000.00,

 

$10,000.00, or both.

 

     (3) If an individual violates subsection (1) or (2) and causes

 

any physical injury to another individual, the individual is guilty

 

of a felony punishable by imprisonment for not more than 15 years

 

or a fine of not more than $15,000.00, or both.

 

     (4) If an individual violates subsection (1) or (2) and causes

 

the serious impairment of a body function of another individual,

 

the individual is guilty of a felony punishable by imprisonment for

 

not more than 20 years or a fine of not more than $25,000.00, or

 

both.

 

     (5) If an individual violates subsection (1) or (2) and causes

 

the death of another individual, the individual is guilty of a

 

felony punishable by imprisonment for life or any term of years.

 

     (6) (3) Subsections (1) and (2) do not apply to a peace

 

officer of this state or another state, or of a local unit of

 

government of this state or another state, or of the United States,

 

performing his or her duties as a peace officer.

 

     (7) (4) Subsections (1) and (2) do not apply to an individual

 

who discharges a firearm in self-defense or the defense of another

 

individual.

 

     (8) 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.

 

     (9) A term of imprisonment imposed for a violation of this

 

section may run consecutively to any term of imprisonment imposed

 

for another violation arising from the same transaction.

 

     (10) (5) As used in this section:

 

     (a) "Dwelling" means a facility habitually used by 1 or more

 

individuals as a place of abode, whether or not an individual is

 

present in the facility.

 

     (b) "Occupied structure" means a facility in which 1 or more

 

individuals are present.

 

     (b) (c) "Peace officer" means that term as defined in section

 

215.

 

     (c) "Potentially occupied structure" means a structure that a

 

reasonable person knows or should know is likely to be occupied by

 

1 or more individuals due to its nature, function, or location.

 

     (d) "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 into law.