HB 5483

HOUSE BILL NO. 5483
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 81d (MCL 750.81d), as amended by
2006 PA 517.
the people of the state of michigan enact:
Sec. 81d. (1) Except as provided in subsections (2),
(3), and (4), an individual who assaults, batters, wounds, resists, obstructs,
opposes, or endangers a person who the individual knows or has reason to know
is performing his or her the person's duties is guilty of a felony punishable
by imprisonment for not more than 2 years or a fine of not more than $2,000.00,
or both.
(2) An individual
who assaults, batters, wounds, resists, obstructs, opposes, or endangers a
person who the individual knows or has reason to know is performing his or her the person's
duties causing a bodily injury requiring medical attention or medical care to
that person is guilty of a felony punishable by imprisonment for not more than
4 years or a fine of not more than $5,000.00, or both.
(3) An individual
who assaults, batters, wounds, resists, obstructs, opposes, or endangers a
person who the individual knows or has reason to know is performing his or her the person's
duties causing a serious impairment of a body function of that person is guilty
of a felony punishable by imprisonment for not more than 15 years or a fine of
not more than $10,000.00, or both.
(4) An individual
who assaults, batters, wounds, resists, obstructs, opposes, or endangers a
person who the individual knows or has reason to know is performing his or her the person's
duties causing the death of that person is guilty of a felony punishable by
imprisonment for not more than 20 years or a fine of not more than $20,000.00,
or both.
(5) 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.
(6) 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.
(7) As used in this
section:
(a)
"Obstruct" includes the use or threatened use of physical
interference or force or a knowing failure to comply with a lawful command.
(b)
"Person" means any of the following:
(i) A police officer of this state or of a
political subdivision of this state including, but not limited to, a motor
carrier officer or capitol security officer of the department of state police.
(ii) A police officer of a junior college,
college, or university who is authorized by the governing board of that junior
college, college, or university to enforce state law and the rules and
ordinances of that junior college, college, or university.
(iii) A conservation officer of the department
of natural resources or the department of environmental
quality.environment, Great Lakes, and energy.
(iv) A conservation officer of the United
States department of the interior.Department of the Interior.
(v) A sheriff or deputy sheriff.
(vi) A constable.
(vii) A peace officer of a duly authorized
police agency of the United States, including, but not limited to, an agent of
the secret service Secret
Service or department of justice.Department of Justice.
(viii) A firefighter.
(ix) Any emergency medical service personnel
described in section 20950 of the public health code, 1978 PA 368, MCL
333.20950.
(x) An individual engaged in a search and
rescue operation as that term is defined in section 50c.
(xi) A letter carrier employed by or under
contract with the United States Postal Service.
(c) "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.