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SB-1404, As Passed Senate, November 9, 2006

SUBSTITUTE FOR

SENATE BILL NO. 1404

A bill to amend 1931 PA 328, entitled

"The Michigan penal code,"

by amending sections 50c and 81d (MCL 750.50c and 750.81d), section

50c as amended by 2002 PA 672 and section 81d as added by 2002 PA

266.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 50c. (1) As used in this section:

(a) "Dog handler" means a peace officer who has successfully

completed training in the handling of a police dog pursuant to a

policy of the law enforcement agency that employs that peace

officer.

(b) "Physical harm" means any injury to a dog's or horse's

physical condition.

of this state or of a local unit of government of this state that

is trained for law enforcement work and subject to the control of a

dog handler.

(d) "Police horse" means a horse used by a law enforcement

agency of this state or of a local unit of government of this state

for law enforcement work.

(e) "Search and rescue dog" means a dog that is trained for,

being trained for, or engaged in a search and rescue operation.

(f) "Search and rescue operation" means an effort conducted at

the direction of an agency of this state or of a political

subdivision of this state to locate or rescue a lost, injured, or

deceased individual.

(g) ~~(e)~~ "Serious physical harm" means any injury to a dog's

or horse's physical condition or welfare that is not necessarily

permanent but that constitutes substantial body disfigurement, or

that seriously impairs the function of a body organ or limb.

(2) A person shall not intentionally kill or cause serious

physical harm to a police dog or police horse or a search and

rescue dog.

(3) A person shall not intentionally cause physical harm to a

police dog or police horse or a search and rescue dog.

(4) A person shall not intentionally harass or interfere with

a police dog or police horse or search and rescue dog lawfully

performing its duties.

(5) A person who violates subsection (2) is guilty of a felony

punishable by imprisonment for not more than 5 years or a fine of

not more than ~~$2,500.00~~ $10,000.00, or both.

(6) Except as provided in subsection (7), a person who

violates subsection (3) or (4) is guilty of a misdemeanor

punishable by imprisonment for not more than 1 year or a fine of

not more than ~~$1,000.00~~ $5,000.00, or both.

(7) A person who violates subsection (3) or (4) while

committing a crime is guilty of a felony punishable by imprisonment

for not more than 2 years or a fine of not more than ~~$1,500.00~~

$15,000.00, or both.

(8) This section does not prohibit an individual from being

charged with, convicted of, or punished for any other violation of

law committed by that individual while violating this section.

Sec. 81d. (1) Except as provided in subsections (2), (3), and

(4), an individual who assaults, batters, wounds, resists,

obstructs, opposes, or endangers a person who the individual knows

or has reason to know is performing his or her duties is guilty of

a felony punishable by imprisonment for not more than 2 years or a

fine of not more than $2,000.00, or both.

(2) An individual who assaults, batters, wounds, resists,

obstructs, opposes, or endangers a person who the individual knows

or has reason to know is performing his or her duties causing a

bodily injury requiring medical attention or medical care to that

person is guilty of a felony punishable by imprisonment for not

more than 4 years or a fine of not more than $5,000.00, or both.

(3) An individual who assaults, batters, wounds, resists,

obstructs, opposes, or endangers a person who the individual knows

or has reason to know is performing his or her duties causing a

serious impairment of a body function of that person is guilty of a

felony punishable by imprisonment for not more than 15 years or a

fine of not more than $10,000.00, or both.

(4) An individual who assaults, batters, wounds, resists,

obstructs, opposes, or endangers a person who the individual knows

or has reason to know is performing his or her duties causing the

death of that person is guilty of a felony punishable by

imprisonment for not more than 20 years or a fine of not more than

$20,000.00, or both.

(5) This section does not prohibit an individual from being

charged with, convicted of, or punished for any other violation of

law that is committed by that individual while violating this

section.

(6) A term of imprisonment imposed for a violation of this

section may run consecutively to any term of imprisonment imposed

for another violation arising from the same transaction.

(7) As used in this section:

(a) "Obstruct" includes the use or threatened use of physical

interference or force or a knowing failure to comply with a lawful

command.

(b) "Person" means any of the following:

(i) A police officer of this state or of a political

subdivision of this state including, but not limited to, a motor

carrier officer or capitol security officer of the department of

state police.

(ii) A police officer of a junior college, college, or

university who is authorized by the governing board of that junior

college, college, or university to enforce state law and the rules

and ordinances of that junior college, college, or university.

(iii) A conservation officer of the department of natural

resources or the department of environmental quality.

(iv) A conservation officer of the United States department of

the interior.

(v) A sheriff or deputy sheriff.

(vi) A constable.

(vii) A peace officer of a duly authorized police agency of the

United States, including, but not limited to, an agent of the

secret service or department of justice.

(viii) A firefighter.

(ix) Any emergency medical service personnel described in

section 20950 of the public health code, 1978 PA 368, MCL

333.20950.

(x) An individual engaged in a search and rescue operation as

that term is defined in section 50c.

defined in section 58c of the Michigan vehicle code, 1949 PA 300,

MCL 257.58c.