November 10, 2005, Introduced by Senators HARDIMAN, JOHNSON, CASSIS, CROPSEY and GOSCHKA and referred to the Committee on Judiciary.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
(MCL 750.1 to 750.568) by adding section 411u.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 411u. (1) A person shall not damage, destroy, disconnect,
or otherwise prevent access to a telecommunications device to
prevent the use of that telecommunications device to report
domestic violence or to obtain medical, legal, or other assistance
that is required or desired as a result of domestic violence.
(2) A person who violates this section is guilty of a crime as
follows:
(a) Except as provided in subdivision (b), the person is
guilty of a misdemeanor punishable by imprisonment for not more
than 90 days or a fine of not more than $500.00, or both.
(b) If the domestic violence results in injury to or the death
of any person, the person violating this section 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) This section does not prohibit the person from being
charged with, convicted of, or punished for any other crime,
including any other charge relating to domestic violence, in
addition to being charged with, convicted of, and punished for the
violation of this section.
(4) As used in this section:
(a) "Domestic violence" means that term as defined in section
1 of 1978 PA 389, MCL 400.1501.
(b) "Telecommunications device" means a device designed or
intended to be used for communications through a communications
service.
(c) "Communications service" means that term as defined in
section 102 of the Michigan telecommunications act, 1991 PA 179,
MCL 484.2102.