Act No. 310
Public Acts of 2006
Approved by the Governor
July 18, 2006
Filed with the Secretary of State
July 20, 2006
EFFECTIVE DATE: October 1, 2006
STATE OF MICHIGAN
REGULAR SESSION OF 2006
Introduced by Reps. Mortimer, Gaffney, Hildenbrand, Hune, Rocca, Green, Acciavatti, Nitz, Jones, Caul, Schuitmaker, David Law, Drolet, Baxter, Robertson and Farhat
ENROLLED HOUSE BILL No. 5153
AN ACT to exempt an individual who uses deadly force or force other than deadly force from criminal prosecution under certain circumstances; to establish certain procedures; and to prescribe the duties of certain public officials.
The People of the State of Michigan enact:
Sec. 1. (1) An individual who uses deadly force or force other than deadly force in compliance with section 2 of the self-defense act and who has not or is not engaged in the commission of a crime at the time he or she uses that deadly force or force other than deadly force commits no crime in using that deadly force or force other than deadly force.
(2) If a prosecutor believes that an individual used deadly force or force other than deadly force that is unjustified under section 2 of the self-defense act, the prosecutor may charge the individual with a crime arising from that use of deadly force or force other than deadly force and shall present evidence to the judge or magistrate at the time of warrant issuance, at the time of any preliminary examination, and at the time of any trial establishing that the individual's actions were not justified under section 2 of the self-defense act.
Enacting section 1. This act takes effect October 1, 2006.
Enacting section 2. This act does not take effect unless all of the following bills of the 93rd Legislature are enacted into law:
(a) Senate Bill No. 1046.
(b) Senate Bill No. 1185.
(c) House Bill No. 5142.
(d) House Bill No. 5143.
(e) House Bill No. 5548.
This act is ordered to take immediate effect.
Clerk of the House of Representatives
Secretary of the Senate