SB-1287, As Passed Senate, June 15, 2004
SUBSTITUTE FOR
SENATE BILL NO. 1287
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 211a (MCL 750.211a), as amended by 2003 PA
257.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 211a. (1) A
person shall not manufacture do either
2 of the following:
3 (a) Except as provided in subdivision (b), manufacture, buy,
4 sell, furnish, or possess a Molotov cocktail or any similar
5 device that is designed to explode or that will explode upon
6 impact or with the application of heat or a flame or that is
7 highly incendiary, except as authorized by law.
8 (b) Manufacture,
buy, sell, furnish, or have in his or her
9 possession possess any device that is designed to explode
or
10 that will explode upon impact or with the application of heat or
1 a flame , or
that is highly incendiary, with the intent to
2 frighten, terrorize, intimidate, threaten, harass, injure, or
3 kill any person, or with the intent to damage or destroy any real
4 or personal property without the permission of the property owner
5 or, if the property is public property, without the permission of
6 the governmental agency having authority over that property.
7 (2) A person who violates subsection (1) is guilty of a crime
8 as follows:
9 (a) For a violation of subsection (1)(a), the person is
10 guilty of a felony punishable by imprisonment for not more than 4
11 years or a fine of not more than $2,000.00, or both.
12 (b) (a)
Except For a violation of subsection (1)(b) and
13 except as provided in
subdivisions (b) (c) to (e) (f), the
14 person is guilty of a felony punishable by imprisonment for not
15 more than 15 years or a fine of not more than $10,000.00, or
16 both.
17 (c) (b) If
the violation damages the property of another
18 person, the person is guilty of a felony punishable by
19 imprisonment for not more than 20 years or a fine of not more
20 than $15,000.00, or both.
21 (d) (c) If
the violation causes physical injury to another
22 individual, other than serious impairment of a body function, the
23 person is guilty of a felony punishable by imprisonment for not
24 more than 25 years or a fine of not more than $20,000.00, or
25 both.
26 (e) (d) If
the violation causes serious impairment of a
27 body function to another individual, the person is guilty of a
1 felony punishable by imprisonment for life or any term of years
2 or a fine of not more than $25,000.00, or both.
3 (f) (e) If
the violation causes the death of another
4 individual, the person is guilty of a felony and shall be
5 imprisoned for life without eligibility for parole and may be
6 fined not more than $40,000.00, or both.