House Introduced Bill 4289

HOUSE BILL No. 4289


     February 11, 1997, Introduced by Reps. Schauer, Hale, Kaza, Hanley, McBryde, Brewer, Cherry, Goschka, Prusi, Scott and Frank and referred to the Committee on Judiciary.


        A bill to amend 1931 PA 328, entitled

   "The Michigan penal code,"

   by amending sections 200, 201, 204, 204a, 205, 205a, 206, 207,

   210, and 2ll (MCL 750.200, 750.201, 750.204, 750.204a, 750.205,

   750.205a, 750.206, 750.207, 750.210, and 750.211).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 200.  (1)  Transportation of dynamite, etc., on common

 2     carriers for passengers--Any  A person  who  shall NOT transport,

 3    carry, or convey  any  dynamite, gunpowder, or ANY other explo-

 4    sive between any places within  the  THIS state  of Michigan  on

 5    any vessel, car, or vehicle of any description  ,  THAT IS oper-

 6    ated by a common carrier  , which vessel, car or vehicle  AND

 7    THAT is carrying passengers for hire.  , shall be  A PERSON WHO

 8    VIOLATES THIS SECTION IS guilty of a felony  :  Provided, That it

 9     shall be lawful to transport on any such vessel, car or vehicle


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 1    small  PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 4 YEARS OR A

 2    FINE OF NOT MORE THAN $2,000.00, OR BOTH.

 3         (2) THIS SECTION DOES NOT PROHIBIT THE TRANSPORTATION OF ANY

 4    OF THE FOLLOWING:

 5         (A) SMALL arms ammunition in any quantity.  , and such

 6     fuses 

 7         (B) FUSES, torpedoes, rockets, or other signal devices  as

 8     may be  essential to promote safety in operation.  , and

 9     properly 

10         (C) PROPERLY packed and marked samples for laboratory exami-

11    nation  ,  THAT DO not  exceeding  EXCEED a net weight of 1/2

12    pound each  ,  and THAT DO not  exceeding  EXCEED 20 samples at

13     one  1 time in a single vessel, car, or vehicle  ; but such  IF

14    THE samples  shall  ARE not  be  carried in that part of a

15    vessel, car, or vehicle  which  THAT is intended for  the trans-

16     portation of  TRANSPORTING passengers for hire.  :  Provided fur-

17     ther, That nothing in this section shall be construed to prevent 

18         (3) THIS SECTION DOES NOT PROHIBIT the transportation of

19    military or naval forces with their accompanying munitions of war

20    on passenger equipment vessels, cars, or vehicles.  :  Provided

21     further, That this 

22         (4) THIS section  shall  DOES not  be construed to  apply to

23    the transportation of benzine, naphtha, gasoline, or kerosene.

24         Sec. 201.  (1)  Transportation, etc., of explosives which

25     explode by concussion or friction--No  A person shall NOT order,

26    send, take, transport, convey, or carry  ,  or attempt to order,

27    send, take, transport, convey, or carry dynamite,



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 1     nitro-glycerine  NITROGLYCERINE, fulminate in bulk in dry

 2    condition, or any other explosive substance  which  THAT explodes

 3    by concussion or friction, THAT IS concealed  in any bag, satch-

 4     el, valise, trunk, box or in any other manner whatever, either 

 5    as freight or baggage, on  any  A passenger boat or vessel,  or

 6     any  A railroad car or train of cars, A street car, motor bus,

 7    stage, or other vehicle used wholly or partly for carrying pas-

 8    sengers or articles of commerce by land or water.

 9         (2) Any person who violates  any of the provisions of  this

10    section and any consignee to whom  any such  THE dynamite,

11     nitro-glycerine  NITROGLYCERINE, fulminate in bulk in dry

12    condition, or other explosive substance has been consigned by

13     his  procurement in violation of  any of the provisions of  this

14    section  , shall be  IS guilty of a felony PUNISHABLE BY IMPRIS-

15    ONMENT FOR NOT MORE THAN 4 YEARS OR A FINE OF NOT MORE THAN

16    $2,000.00, OR BOTH.

17         (3)  The offense shall be deemed to be committed  A VIOLA-

18    TION OF THIS SECTION MAY BE PROSECUTED in any county through

19    which  such  THE person procures or attempts to procure the

20    transportation of  such  THE dynamite,  nitro-glycerine 

21    NITROGLYCERINE, fulminate in bulk in dry condition, or other

22    explosive substance.

23         Sec. 204.  Sending explosives with intent to injure

24     persons--Any  IF A person  who shall  unlawfully and maliciously

25     send  SENDS or  deliver  DELIVERS to  ,  ANOTHER PERSON or

26     cause  CAUSES to be taken or received by any person  ,  any kind

27    of explosive substance or any other noxious or dangerous thing



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 1     ,  with THE intent  in so doing  to burn, maim, disfigure, or

 2    disable any person  ,  or TO do bodily harm to any person  , and

 3     every person privy to such intent, who shall aid in the commis-

 4     sion of such offense, when death shall  AND THE VIOLATION DOES

 5    not result IN DEATH,  shall be  THE PERSON IS guilty of a felony

 6     ,  punishable by imprisonment  in the state prison  FOR not more

 7    than  5  3 years.

 8         Sec. 204a.  (1) A person who, with the intent to terrorize,

 9    frighten, intimidate, threaten, harass, molest, or annoy any

10    other person, sends or transports a device  which  THAT is  so 

11    constructed  as  to represent AN EXPLOSIVE, INCENDIARY DEVICE, OR

12    BOMB, or THAT is presented as  ,  an explosive, incendiary

13    device, or bomb, is guilty of a felony PUNISHABLE BY IMPRISONMENT

14    FOR NOT MORE THAN 4 YEARS OR A FINE OF NOT MORE THAN $2,000.00,

15    OR BOTH.

16         (2) An offense is committed under this section if the device

17    is sent from THIS STATE or IS received in this state  ,  and may

18    be prosecuted in the jurisdiction from  where  WHICH it was sent

19    or IN WHICH IT WAS received.

20         Sec. 205.  Placing explosives with intent to destroy but

21     without resulting damage--Any  A person who places AN EXPLOSIVE

22    SUBSTANCE in  , upon, under, against  or near  to  any building,

23    car, vessel, or structure,  gunpowder or any other explosive

24     substance,  with THE intent to DAMAGE OR destroy  , throw down or

25     injure the whole or any part thereof, under such circumstances,

26     that, if the intent were accomplished, human life or safety would

27     be endangered thereby, although no damage is done,  THAT



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 1    BUILDING, CAR, VESSEL, OR STRUCTURE, AND BY THE PLACEMENT OF THAT

 2    EXPLOSIVE SUBSTANCE ENDANGERS THE SAFETY OF ANOTHER INDIVIDUAL is

 3    guilty of a felony  ,  punishable by imprisonment  in the state

 4     prison  FOR not more than 15 years.

 5         Sec. 205a.  A person who,  knowingly delivers or places a

 6     device  with the intent to terrorize, frighten, intimidate,

 7    threaten, harass, molest, or annoy any other person,  when the

 8     device  KNOWINGLY DELIVERS OR PLACES A DEVICE THAT is  so  con-

 9    structed  as  to represent AN EXPLOSIVE, INCENDIARY DEVICE, OR

10    BOMB, or THAT is presented as  ,  an explosive, incendiary

11    device, or bomb, is guilty of a felony PUNISHABLE BY IMPRISONMENT

12    FOR NOT MORE THAN 4 YEARS OR A FINE OF NOT MORE THAN $2,000.00,

13    OR BOTH.

14         Sec. 206.  Placing explosives with intent to destroy and

15     causing damage to property--Any  A person who places AN EXPLOSIVE

16    SUBSTANCE in  , upon, under, against  or near  to any  A build-

17    ing, car, vessel, or structure,  gunpowder or any other explosive

18     substance,  with THE intent to DAMAGE OR destroy  , throw down or

19     injure the whole or any part thereof, which explosive substance

20     shall cause the destruction or injury of  THAT BUILDING, CAR,

21    VESSEL, OR STRUCTURE, AND BY THE DETONATION OF THAT EXPLOSIVE

22    SUBSTANCE DAMAGES OR DESTROYS the property of another  , shall

23     be  PERSON IS guilty of a felony  ,  punishable by imprisonment

24     in the state prison  FOR not more than 25 years.

25         Sec. 207.  Placing explosives with intent to destroy and

26     causing injury to any person--Any  A person who places AN

27    EXPLOSIVE SUBSTANCE in  , upon, under, against  or near  to any 



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 1    A building, car, vessel, or structure,  gunpowder or any other

 2     explosive substance,  with THE intent to DAMAGE OR destroy  ,

 3     throw down, or injure the whole or any part thereof, which sub-

 4     stance upon explosion shall cause injury to any  THAT BUILDING,

 5    CAR, VESSEL, OR STRUCTURE, AND BY THE DETONATION OF THAT EXPLO-

 6    SIVE SUBSTANCE INJURES ANOTHER person,  shall be  IS guilty of a

 7    felony  ,  punishable by imprisonment  in the state prison  for

 8    life.  Such convicted  A person  shall  CONVICTED UNDER THIS

 9    SECTION IS not  be  eligible  to  FOR parole.

10         Sec. 210.  Possession of bombs with intent to use

11     unlawfully--Any  A person who carries or possesses a bomb or

12    bombshell,  or  any article containing an explosive or combusti-

13    ble substance, or A foul, offensive, or injurious substance or

14    compound  ,  with THE intent to use  the same unlawfully  THAT

15    BOMB OR BOMBSHELL, ARTICLE, SUBSTANCE, OR COMPOUND against the

16    person or property of  other, shall be  ANOTHER IS guilty of a

17    felony  , punishable  AND SHALL BE PUNISHED by imprisonment  in

18     the state prison  for not less than 2  nor  YEARS OR more than

19     5  10 years.

20         Sec. 211.  Manufacture, etc., of explosives with intent to

21     use unlawfully--Any  A person who  shall manufacture, buy, sell,

22     furnish  MANUFACTURES, BUYS, SELLS, OR FURNISHES or  cause 

23    CAUSES to be furnished, or  have  HAS in HIS OR HER possession

24     any nitro-glycerine  NITROGLYCERINE, dynamite, giant powder, or

25    any other dangerous explosive material, with the intent to use

26     the same  IT unlawfully against the person or property of

27    another,  shall be  IS guilty of a felony  , punishable  AND



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 1    SHALL BE PUNISHED by imprisonment  in the state prison  for not

 2    less than 2 years  nor  OR more than  5  10 years.




















































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