SENATE BILL NO. 103
January 27, 1999, Introduced by Senators V. SMITH, VAUGHN, YOUNG, MURPHY, CHERRY, LELAND, SCHUETTE, EMMONS and MC MANUS and referred to the Committee on Judiciary. A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 183 and 188 (MCL 750.183 and 750.188). THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 183. (1) Aiding escape of and rescuing 2 prisoners--Any A person who shall convey NOT DO ANY OF THE 3 FOLLOWING: 4 (A) CONVEY into any A jail, prison, or other like 5 SIMILAR place of confinement , any A disguise or any AN 6 instrument, tool, weapon, or other thing , THAT IS adapted or 7 useful to aid any OR ASSIST A prisoner in making his TO 8 escape FROM THAT JAIL, PRISON, OR OTHER SIMILAR PLACE OF 9 CONFINEMENT, with THE intent to facilitate the escape of any 10 prisoner there lawfully committed or detained , or shall by 00409'99 DRM 2 1 any means whatever, aid IN THAT JAIL, PRISON, OR OTHER SIMILAR 2 PLACE OF CONFINEMENT. 3 (B) AID or assist any such A prisoner in his endeavor 4 LAWFULLY COMMITTED OR DETAINED IN A JAIL, PRISON, OR OTHER SIMI- 5 LAR PLACE OF CONFINEMENT to make his escape therefrom, whether 6 such escape be effected or attempted, or not, and every person 7 who shall forcibly rescue any OR ATTEMPT TO ESCAPE FROM THAT 8 JAIL, PRISON, OR OTHER SIMILAR PLACE OF CONFINEMENT. 9 (C) FORCIBLY REMOVE A prisoner , held in CHARGED WITH OR 10 CONVICTED OF AN OFFENSE FROM THE custody upon any conviction or 11 charge of an offense, shall be OF A PERSON HAVING THE LEGAL DUTY 12 TO MAINTAIN THAT PRISONER IN CUSTODY. 13 (2) EXCEPT AS PROVIDED IN SUBSECTION (3), A PERSON WHO VIO- 14 LATES THIS SECTION IS guilty of a felony , punishable by 15 imprisonment in the state prison FOR not LESS THAN 10 YEARS OR 16 more than 7 15 years. ; or, if 17 (3) IF the person PRISONER whose escape or rescue was 18 effected or intended , was IS charged with an offense not cap- 19 ital, nor punishable by imprisonment in A MISDEMEANOR, the 20 state prison, then the offense mentioned in this section shall 21 be PERSON IS GUILTY OF a misdemeanor and shall be punishable 22 by imprisonment in the county jail FOR not more than 1 year , 23 or by fine of not more than 500 dollars $500.00, OR BOTH. 24 Sec. 188. (1) Voluntarily suffering prisoner to 25 escape--Any jailor, or other officer A PERSON HAVING THE LEGAL 26 DUTY TO MAINTAIN A PRISONER CHARGED WITH OR CONVICTED OF A FELONY 27 IN CUSTODY who shall voluntarily suffer any ALLOWS THAT 00409'99 3 1 prisoner in his custody, upon conviction, or upon any criminal 2 charge, to escape , shall suffer the like punishment and penal- 3 ties as the prisoner so suffered to escape was sentenced to, or 4 would be liable to suffer upon conviction, for the crime or 5 offense wherewith he stood charged. IS GUILTY OF A FELONY PUN- 6 ISHABLE BY IMPRISONMENT FOR NOT LESS THAN 10 YEARS OR MORE THAN 7 15 YEARS. 8 (2) A PERSON HAVING THE LEGAL DUTY TO MAINTAIN A PRISONER 9 CHARGED WITH OR CONVICTED OF A MISDEMEANOR IN CUSTODY WHO VOLUN- 10 TARILY ALLOWS THAT PRISONER TO ESCAPE IS GUILTY OF A MISDEMEANOR 11 PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 1 YEAR OR BY A FINE 12 OF NOT MORE THAN $500.00, OR BOTH. 00409'99 Final page. DRM