HOUSE BILL No. 4431

 

March 1, 2005, Introduced by Reps. Wenke and Rocca and referred to the Committee on Judiciary.

 

     A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

 

by amending section 316 (MCL 750.316), as amended by 2004 PA 58.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 316. (1) A person who commits any of the following is

 

guilty of first degree murder and shall be punished by imprisonment

 

for life:

 

     (a) Murder perpetrated by means of poison, lying in wait, or

 

any other willful, deliberate, and premeditated killing.

 

     (b) Murder committed in the perpetration of, or attempt to

 

perpetrate, arson, criminal sexual conduct in the first, second, or


 

third degree, child abuse in the first degree, a major controlled

 

substance offense, robbery, carjacking, breaking and entering of a

 

dwelling, home invasion in the first or second degree, larceny of

 

any kind, extortion, kidnapping, aggravated stalking, or vulnerable

 

adult abuse in the first and second degree under section 145n . or

 

in violation of 1 or more of the following:

 

     (i) A personal protection order.

 

     (ii) A condition of release on bail.

 

     (iii) A condition of release on parole.

 

     (c) A murder of a peace officer or a corrections officer

 

committed while the peace officer or corrections officer is

 

lawfully engaged in the performance of any of his or her duties as

 

a peace officer or corrections officer, knowing that the peace

 

officer or corrections officer is a peace officer or corrections

 

officer engaged in the performance of his or her duty as a peace

 

officer or corrections officer.

 

     (2) As used in this section:

 

     (a) "Arson" means a felony violation of chapter X.

 

     (b) "Corrections officer" means any of the following:

 

     (i) A prison or jail guard or other prison or jail personnel.

 

     (ii) Any of the personnel of a boot camp, special alternative

 

incarceration unit, or other minimum security correctional

 

facility.

 

     (iii) A parole or probation officer.

 

     (c) "Major controlled substance offense" means any of the

 

following:

 

     (i) A violation of section 7401(2)(a)(i) to (iii) of the public


 

health code, 1978 PA 368, MCL 333.7401.

 

     (ii) A violation of section 7403(2)(a)(i) to (iii) of the public

 

health code, 1978 PA 368, MCL 333.7403.

 

     (iii) A conspiracy to commit an offense listed in subparagraph

 

(i) or (ii).

 

     (d) "Peace officer" means any of the following:

 

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

 

political subdivision of this state.

 

     (ii) A police or conservation officer of the United States.

 

     (iii) A police or conservation officer of another state or a

 

political subdivision of another state.