September 5, 2006, Introduced by Senators GOSCHKA, KUIPERS, JOHNSON, GILBERT, GARCIA and BARCIA and referred to the Committee on Judiciary.
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.
(c) "Police dog" means a dog used by a law enforcement agency
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 or
being trained for the purpose of locating or rescuing lost,
injured, or deceased individuals and is owned by an independent
handler or by a member of a search and rescue team and use in
conjunction with local law enforcement or emergency services
organizations.
(f) (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 10 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 felony
punishable
by imprisonment for not more than
1 year 5 years 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 10
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
used in this subparagraph, "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.
(c) "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.