HB-4431, As Passed Senate, September 13, 2006

SUBSTITUTE FOR

HOUSE BILL NO. 4431

     A bill to amend 1931 PA 328, entitled

"The Michigan penal code,"

by amending section 316 (MCL 750.316), as amended by 2004 PA 58.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 316. (1) A person who commits any of the following is

guilty of first degree murder and shall be punished by imprisonment

for life:

     (a) Murder perpetrated by means of poison, lying in wait, or

any other willful, deliberate, and premeditated killing.

     (b) Murder committed in the perpetration of, or attempt to

perpetrate, arson, criminal sexual conduct in the first, second, or

third degree, child abuse in the first degree, a major controlled

substance offense, robbery, carjacking, breaking and entering of a

dwelling, home invasion in the first or second degree, larceny of

any kind, extortion, kidnapping,  or vulnerable adult abuse in the

first and second degree under section 145n, torture under section

85, or aggravated stalking under section 411i.

     (c) A murder of a peace officer or a corrections officer

committed while the peace officer or corrections officer is

lawfully engaged in the performance of any of his or her duties as

a peace officer or corrections officer, knowing that the peace

officer or corrections officer is a peace officer or corrections

officer engaged in the performance of his or her duty as a peace

officer or corrections officer.

     (2) As used in this section:

     (a) "Arson" means a felony violation of chapter X.

     (b) "Corrections officer" means any of the following:

     (i) A prison or jail guard or other prison or jail personnel.

     (ii) Any of the personnel of a boot camp, special alternative

incarceration unit, or other minimum security correctional

facility.

     (iii) A parole or probation officer.

     (c) "Major controlled substance offense" means any of the

following:

     (i) A violation of section 7401(2)(a)(i) to (iii) of the public

health code, 1978 PA 368, MCL 333.7401.

     (ii) A violation of section 7403(2)(a)(i) to (iii) of the public

health code, 1978 PA 368, MCL 333.7403.

     (iii) A conspiracy to commit an offense listed in subparagraph

(i) or (ii).

     (d) "Peace officer" means any of the following:

House Bill No. 4431 as amended September 7, 2006

     (i) A police or conservation officer of this state or a

political subdivision of this state.

     (ii) A police or conservation officer of the United States.

     (iii) A police or conservation officer of another state or a

political subdivision of another state.

     Enacting section 1.  This amendatory act takes effect

<<December>> 1, 2006.