HOUSE BILL No. 4772

 

June 16, 2011, Introduced by Reps. McMillin, Callton, Olson, Lori and Denby and referred to the Committee on Judiciary.

 

     A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

 

(MCL 750.1 to 750.568) by adding section 411w.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 411w. (1) An individual who is charged with the

 

responsibility of searching other individuals for entry onto any

 

public property or any mode of public transportation shall not

 

intentionally touch the clothed or unclothed breast, genitalia,

 

buttocks, or anus of that other individual except upon reasonable

 

cause to believe that the individual may be concealing an item that

 

is prohibited on that public property or on that mode of public

 

transportation. A search conducted under this subsection shall be

 

conducted in compliance with the laws of this state or of the

 

United States, as applicable, and as authorized by the rules of the

 

agency or entity owning the public property or mode of public


 

transportation and of the entity employing that individual.

 

     (2) Notwithstanding subsection (1), an individual who is

 

charged with the responsibility of searching other individuals for

 

entry onto any public property or any mode of public transportation

 

shall not intentionally touch the clothed or unclothed breast,

 

genitalia, buttocks, or anus of that other individual under the

 

pretext of a search, or with the intent to intimidate, frighten, or

 

harass that other individual, or in a manner that a reasonable

 

person trained to conduct searches for entry onto public property

 

or that mode of public transportation would find to be

 

inappropriate under the circumstances.

 

     (3) An individual who violates subsection (1) is guilty of a

 

crime as follows:

 

     (a) Except as provided in subdivision (b), the individual is

 

guilty of a misdemeanor punishable by imprisonment for not more

 

than 93 days or a fine of not more than $500.00, or both.

 

     (b) If the person has previously been convicted of violating

 

this section, the person is guilty of a misdemeanor punishable by

 

imprisonment for not more than 1 year or a fine of not more than

 

$1,000.00, or both.

 

     (4) An individual who violates subsection (2) is guilty of a

 

misdemeanor punishable by imprisonment for not more than 1 year or

 

a fine of not more than $1,000.00, or both.

 

     (5) As used in this section:

 

     (a) "Public mode of transportation" means any mode of

 

transportation including, but not limited to, any aircraft, train,

 

or bus used to transport members of the public for a fee.


 

     (b) "Public property" means any property that is owned or

 

leased by the United States, this state, or a political subdivision

 

of this state that is available for use by the public, regardless

 

of whether a fee is charged for access.