September 5, 2006, Introduced by Reps. Hildenbrand, Schuitmaker, Gosselin, Pearce, Drolet and Garfield and referred to the Committee on Government Operations.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 243e (MCL 750.243e).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
243e. (1) Any A
person, firm, copartnership, or
corporation ,
who that violates
any of the provisions of
sections
243a to 243d, or who that
violates the terms of any
a
permit
issued thereunder under sections 243a to 243d,
is guilty
of a misdemeanor.
(2) A person, firm, copartnership, or corporation that uses,
explodes, or causes to explode a firework described under section
243a(2) in violation of subsection (1) and as a direct result of
the use or explosion causes property damage or injury, serious
impairment of a body function, or the death of another is guilty of
a crime as follows:
(a) If the violation directly causes property damage, the
person is guilty of a misdemeanor punishable by imprisonment for
not more than 1 year or a fine of not more than $500.00, or both.
(b) If the violation directly causes injury to any person,
other than serious impairment of body function or death, the person
is guilty of a felony punishable by imprisonment for not more than
4 years or a fine of not more than $2,000.00, or both.
(c) If the violation directly causes serious impairment of
body function to any person, the person is guilty of a felony
punishable by imprisonment for not more than 10 years or a fine of
not more than $5,000.00, or both.
(d) If the violation directly causes death to any person, the
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.
(3) A criminal penalty provided for under subsection (2) may
be imposed in addition to any penalty that may be imposed for any
other criminal offense arising from the same conduct or for any
contempt of court arising from the same conduct.
(4) As used in this section, "serious impairment of a body
function" means that term as defined in section 58c of the Michigan
vehicle code, 1949 PA 300, MCL 257.58c.