HOUSE BILL No. 5890


     April 11, 2002, Introduced by Reps. Julian, Vander Roest, Spade, Zelenko, Lockwood, Toy, Voorhees, Neumann and Richardville
and referred to the Committee on Criminal Justice.


        A bill to amend 1931 PA 328, entitled

   "The Michigan penal code,"

   by amending section 479 (MCL 750.479).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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             Sec. 479.  (1)  Resisting, etc., officer in discharge of

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        duty--Any  A person  who shall knowingly  SHALL NOT DO ANY OF THE

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        FOLLOWING:

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             (A) KNOWINGLY and  wilfully  WILLFULLY obstruct, resist, or

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        oppose  any  A sheriff,  coroner  MEDICAL EXAMINER, township

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        treasurer, constable, or other officer or  person  duly autho-

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        rized  , in  PERSON serving  ,  or attempting to serve or execute

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        any process, rule, or order made or issued by lawful authority.

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         , or who shall resist any

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             (B) RESIST AN officer  in the execution of any  ENFORCING AN

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        ordinance,  by  law,  or any  rule, order, or resolution 
    made,


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        issued, or passed by  OF the  common council  LEGISLATIVE BODY of

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         any  A city  board of trustees, or common council or  village,

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         council of any incorporated village,  or township.  board of any

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        township or who shall assault

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             (C) ASSAULT, beat, or wound  any sheriff, coroner  A MEDICAL

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        EXAMINER, township treasurer,  constable  or other  officer  duly

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        authorized  , while  OFFICER serving  ,  or attempting to serve

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        or execute any  such  process, rule, or order DESCRIBED IN THIS

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        SECTION, or for having served  ,  or attempted to serve or exe-

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        cute  the same, or who shall so obstruct,  ANY PROCESS, RULE, OR

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        ORDER DESCRIBED IN THIS SECTION.

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             (D) OBSTRUCT, resist, OR oppose  , assault, beat or wound

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        any  of the above named officers,  INDIVIDUAL DESCRIBED IN THIS

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        SECTION or any other  person or persons  INDIVIDUAL authorized by

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        law to maintain and preserve the peace  ,  in  their  HIS OR HER

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        lawful acts, attempts,  and  OR efforts to maintain, preserve,

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        and keep the peace.  , shall be

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             (E) KNOWINGLY PROVIDE FALSE OR MISLEADING INFORMATION TO A

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        PEACE OFFICER IN THE PERFORMANCE OF HIS OR HER DUTIES AS A PEACE

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        OFFICER, KNOWING THE INFORMATION IS FALSE OR MISLEADING.

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             (2) A PERSON WHO VIOLATES THIS SECTION IS guilty of a misde-

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        meanor  ,  punishable by imprisonment  in the state prison  FOR

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        not more than 2 years  ,  or  by  a fine of not more than
     1,000

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        dollars  $1,000.00, OR BOTH.

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             (3) AS USED IN THIS SECTION, "PEACE OFFICER" MEANS ANY OF

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        THE FOLLOWING:





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             (A) A POLICE OFFICER OF THIS STATE INCLUDING, BUT NOT

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        LIMITED TO, A MOTOR CARRIER OFFICER OF THE DEPARTMENT OF STATE

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        POLICE.

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             (B) A POLICE OFFICER OF ANOTHER STATE OR OF A POLITICAL SUB-

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        DIVISION OF ANOTHER STATE.

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             (C) A POLICE OFFICER OF ANY ENTITY OF THE UNITED STATES.

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             (D) THE SHERIFF OF A COUNTY OF THIS STATE OR THE SHERIFF'S

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        DEPUTY.

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             (E) THE SHERIFF OF A POLITICAL SUBDIVISION OF ANOTHER STATE

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        OR THE SHERIFF'S DEPUTY.

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             (F) A PUBLIC SAFETY OFFICER OF A COMMUNITY COLLEGE, COLLEGE,

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        OR UNIVERSITY WHO IS AUTHORIZED BY THE GOVERNING BOARD OF THAT

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        COMMUNITY COLLEGE, COLLEGE, OR UNIVERSITY TO ENFORCE THE LAW OF

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        THIS STATE OR OF ANOTHER STATE AND THE RULES AND ORDINANCES OF

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        THAT COMMUNITY COLLEGE, COLLEGE, OR UNIVERSITY.

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             (G) A CONSERVATION OFFICER OF THE DEPARTMENT OF NATURAL

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        RESOURCES.

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             (H) A CONSERVATION OFFICER OF ANOTHER STATE.

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             (I) A CONSERVATION OFFICER OF THE UNITED STATES DEPARTMENT

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        OF INTERIOR.

















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