October 3, 2013, Introduced by Senators MARLEAU, JONES, ROCCA, BIEDA, ANANICH, KOWALL, ANDERSON, NOFS, PAPPAGEORGE, HILDENBRAND, ROBERTSON, YOUNG, HOPGOOD, SMITH, SCHUITMAKER and MEEKHOF and referred to the Committee on Judiciary.
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),
otherwise provided in this section, 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 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 violates subsection (1) in a manner that
causes any physical injury to another 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.
(3) An individual who violates subsection (1) in a manner that
causes the serious impairment of a body function of another
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.
(4) An individual who violates subsection (1) in a manner that
causes the death of another is guilty of a felony punishable by
imprisonment for life or any term of years.
(5) (2)
Subsection (1) does Subsections
(1), (2), (3), and (4)
do
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.
(6) 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.
(7) 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.
(8) 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 15 years , or a fine of not more than $2,000.00,
$15,000.00, or both.
(3) An individual who violates subsection (1) or (2) in a
manner that causes the serious impairment of a body function of
another 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.
(4) An individual who violates subsection (1) or (2) in a
manner that causes the death of another is guilty of a felony
punishable by imprisonment for life or any term of years.
(5) (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.
(6) (4)
Subsections (1) and (2) do not apply to an individual
who discharges a firearm in self-defense or the defense of another
individual.
(7) 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.
(8) 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.
(9) (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.