HOUSE BILL No. 5862


     May 14, 1998, Introduced by Reps. Profit and Mans and referred to the Committee on Colleges and Universities.


        A bill to amend 1905 PA 80, entitled

   "An act to authorize and empower certain state departments, and
   the board of control, board of trustees or governing board of
   certain state institutions, or the governing body of a municipal
   corporation, to make, prescribe and enforce rules and regulations
   for the care, order and preservation of buildings or property
   dedicated and appropriated to the public use and the conduct of
   those coming upon the property thereof; to prescribe penalties
   for a violation thereof and to repeal all acts or parts of acts
   inconsistent with the provisions of this act,"

   by amending section 2 (MCL 19.142), as amended by 1996 PA 231.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 2.  (1) A person shall not do any of the following with

 2    respect to property that is dedicated or appropriated to public

 3    use and is within the control or under the jurisdiction of a

 4    board or department prescribed in section 1:

 5         (a) Willfully cut, peel, or otherwise injure or destroy a

 6    tree or shrub standing on the property.




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 1         (b) Carry, draw, leave, or deposit within or upon the

 2    property any filth, rubbish, or garbage.

 3         (c) Efface a mark or inscription on the property, or muti-

 4    late or destroy a building, machine, or appliance, fence, or

 5    hedge on the property.

 6         (d) Enter, hunt, or trespass upon the property, or skate

 7    upon, or fish, in a pond, brook, or stream, the use of which is

 8    forbidden to the general public, and  relative to which  WHERE

 9    there are signs or notices prohibiting this conduct.

10         (e) Conduct himself or herself in a disorderly manner upon

11    the premises or annoy, harass, assault, or disturb an inmate or

12    person cared for or under the control of the board or department

13    having jurisdiction.

14         (f) Unlock or open a gate, window, or door or enter a room,

15    hall, ward, or yard or other portion of an institution  in which 

16    WHERE inmates or persons are detained under state control without

17    authority or permission.

18         (g) Create, cause, or attempt to create a disturbance or

19    openly and willfully refuse to conform to a rule or regulation

20    prescribed by a board or department.

21         (2) A person who performs an act prohibited by subsection

22    (1) is guilty of a misdemeanor punishable by imprisonment for not

23    less than 10 days or more than 60 days or a fine of not more than

24    $50.00, or both.

25         (3) A trespass upon a state correctional facility is gov-

26    erned by section 552b of the Michigan penal code,  Act No. 328 of

27     the Public Acts of 1931, being section 750.552b of the Michigan



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 1    Compiled Laws  1931 PA 328, MCL 750.552B.  As used in this

 2    subsection, "state correctional facility" means a facility or

 3    institution that houses a prisoner population under the jurisdic-

 4    tion of the department of corrections.  State correctional facil-

 5    ity does not include a community corrections center or a commu-

 6    nity residential home.

 7         (4) A TRESPASS BY AN ATHLETE AGENT UPON PROPERTY OF AN

 8    INSTITUTION OF HIGHER EDUCATION IS GOVERNED BY SECTION 552C OF

 9    THE MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.552C.  AS USED IN

10    THIS SUBSECTION:

11         (A) "ATHLETE AGENT" MEANS THAT TERM AS DEFINED IN SECTION

12    411E OF THE MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.411E.

13         (B) "INSTITUTION OF HIGHER EDUCATION" MEANS THAT TERM AS

14    DEFINED IN SECTION 411E OF THE MICHIGAN PENAL CODE, 1931 PA 328,

15    MCL 750.411E.



























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