FLEEING & ELUDING: MANDATORY TERM S.B. 387 (S-3): FLOOR SUMMARY
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Senate Bill 387 (Substitute S-3 as reported)
Sponsor: Senator John J. Gleason
Committee: Judiciary

CONTENT
The bill would amend the Michigan Penal Code to establish a mandatory term of incarceration of two years or more for first- or second-degree fleeing and eluding. Under the Code, if the operator of a motor vehicle is given a signal to stop by a police or conservation officer, the operator may not willfully disobey by speeding up, turning off the vehicle's lights, or otherwise attempting to flee or elude the officer. A violation is fourth-degree fleeing and eluding unless particular circumstances or prior convictions make the offense first-, second-, or third-degree fleeing and eluding. A violation is second-degree fleeing and eluding if it results in serious impairment of a body function of an individual (or if the offender has one or more prior convictions). A violation is a first-degree offense if it results in the death of another person.


Fleeing and eluding in any degree is a felony, subject to the following penalties:

Maximum Penalty
  Fleeing & Eluding Prison Fine
Fourth Degree 2 years $2,000
Third Degree 5 years $5,000
Second Degree 10 years $10,000
First Degree 15 years $15,000

For a first- or second-degree violation, the bill would impose a mandatory minimum two-year term, and retain the current maximum terms.


The bill would take effect on July 1, 2012.


MCL 750.479a Legislative Analyst: Patrick Affholter

FISCAL IMPACT
The bill would have an indeterminate fiscal impact on State and local government. By setting a mandatory minimum sentence for a first- or second-degree fleeing and eluding conviction, the bill could increase offender length of stay in State facilities and thereby increase incarceration costs. The average annual cost of incarceration in a State facility is approximately $34,000.


Date Completed: 1-18-12 Fiscal Analyst: Dan O'Connor

Analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent. sb387/1112