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 rescuing2prisoners--AnyA personwhoshallconveyNOT DO ANY OF THE 3 FOLLOWING: 4 (A) CONVEY intoanyA jail, prison, or otherlike5 SIMILAR place of confinement, anyA disguise oranyAN 6 instrument, tool, weapon, or other thing,THAT IS adapted or 7 useful to aidanyOR ASSIST A prisonerin making hisTO 8 escape FROM THAT JAIL, PRISON, OR OTHER SIMILAR PLACE OF 9 CONFINEMENT, with THE intent to facilitate the escape of any 10 prisonertherelawfully committed or detained, or shall by00409'99 DRM 2 1any means whatever, aidIN THAT JAIL, PRISON, OR OTHER SIMILAR 2 PLACE OF CONFINEMENT. 3 (B) AID or assistany suchA prisonerin his endeavor4 LAWFULLY COMMITTED OR DETAINED IN A JAIL, PRISON, OR OTHER SIMI- 5 LAR PLACE OF CONFINEMENT tomake hisescapetherefrom, whether6such escape be effected or attempted, or not, and every person7who shall forcibly rescue anyOR ATTEMPT TO ESCAPE FROM THAT 8 JAIL, PRISON, OR OTHER SIMILAR PLACE OF CONFINEMENT. 9 (C) FORCIBLY REMOVE A prisoner, held inCHARGED WITH OR 10 CONVICTED OF AN OFFENSE FROM THE custodyupon any conviction or11charge of an offense, shall beOF 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 imprisonmentin the state prisonFOR not LESS THAN 10 YEARS OR 16 more than715 years.; or, if17 (3) IF thepersonPRISONER whose escape or rescue was 18 effected or intended, wasIS charged withan offense not cap-19ital, nor punishable by imprisonment inA MISDEMEANOR, the 20state prison, then the offense mentioned in this section shall21bePERSON IS GUILTY OF a misdemeanorand shall bepunishable 22 by imprisonmentin the county jailFOR not more than 1 year,23 or by fine of not more than500 dollars$500.00, OR BOTH. 24 Sec. 188. (1)Voluntarily suffering prisoner to25escape--Any jailor, or other officerA PERSON HAVING THE LEGAL 26 DUTY TO MAINTAIN A PRISONER CHARGED WITH OR CONVICTED OF A FELONY 27 IN CUSTODY whoshallvoluntarilysuffer anyALLOWS THAT 00409'99 3 1 prisonerin his custody, upon conviction, or upon any criminal2charge,to escape, shall suffer the like punishment and penal-3ties as the prisoner so suffered to escape was sentenced to, or4would be liable to suffer upon conviction, for the crime or5offense 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