HB-4848, As Passed Senate, February 29, 2012
SUBSTITUTE FOR
HOUSE BILL NO. 4848
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 479a (MCL 750.479a), as amended by 2002 PA 270.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
479a. (1) A driver An
operator of a motor vehicle or
vessel who is given by hand, voice, emergency light, or siren a
visual or audible signal by a police or conservation officer,
acting in the lawful performance of his or her duty, directing the
driver
operator to bring his or her motor vehicle or vessel to a
stop shall not willfully fail to obey that direction by increasing
the speed of the vehicle or vessel, extinguishing the lights of the
vehicle or vessel, or otherwise attempting to flee or elude the
police or conservation officer. This subsection does not apply
unless the police or conservation officer giving the signal is in
uniform and the officer's vehicle or vessel is identified as an
official police or department of natural resources vehicle or
vessel.
(2) Except as provided in subsection (3), (4), or (5), an
individual who violates subsection (1) is guilty of fourth-degree
fleeing and eluding, a felony punishable by imprisonment for not
more than 2 years or a fine of not more than $2,000.00, or both.
(3) Except as provided in subsection (4) or (5), an individual
who violates subsection (1) is guilty of third-degree fleeing and
eluding, a felony punishable by imprisonment for not more than 5
years or a fine of not more than $5,000.00, or both, if 1 or more
of the following circumstances apply:
(a) The violation results in a collision or accident.
(b)
A For a motor vehicle, a portion of the violation occurred
in an area where the speed limit is 35 miles an hour or less,
whether that speed limit is posted or imposed as a matter of law
or, for a vessel, a portion of the violation occurred in an area
designated as "slow—–no wake", "no wake", or "restricted" whether
the area is posted or created by law or administrative rule.
(c) The individual has a prior conviction for fourth-degree
fleeing and eluding, attempted fourth-degree fleeing and eluding,
or fleeing and eluding under a current or former law of this state
prohibiting substantially similar conduct.
(4) Except as provided in subsection (5), an individual who
violates subsection (1) is guilty of second-degree fleeing and
eluding, a felony punishable by imprisonment for not more than 10
years or a fine of not more than $10,000.00, or both, if 1 or more
of the following circumstances apply:
(a) The violation results in serious impairment of a body
function of an individual.
(b) The individual has 1 or more prior convictions for first-,
second-, or third-degree fleeing and eluding, attempted first-,
second-, or third-degree fleeing and eluding, or fleeing and
eluding under a current or former law of this state prohibiting
substantially similar conduct.
(c) The individual has any combination of 2 or more prior
convictions for fourth-degree fleeing and eluding, attempted
fourth-degree fleeing and eluding, or fleeing and eluding under a
current or former law of this state prohibiting substantially
similar conduct.
(5) If the violation results in the death of another
individual, an individual who violates subsection (1) is guilty of
first-degree fleeing and eluding, a felony punishable by
imprisonment for not more than 15 years or a fine of not more than
$15,000.00, or both.
(6) Upon a conviction for a violation or attempted violation
under subsection (2) or (3), the following apply:
(a) If the individual was operating a motor vehicle, the
secretary of state shall suspend the individual's operator's or
chauffeur's license as provided in section 319 of the Michigan
vehicle code, 1949 PA 300, MCL 257.319.
(b) If the individual was operating a vessel, the individual's
privilege to operate a vessel shall be suspended for a period not
to exceed 5 years.
(7) Upon a conviction for a violation or attempted violation
under subsection (4) or (5), the following apply:
(a) If the individual was operating a motor vehicle, the
secretary of state shall revoke the individual's operator's or
chauffeur's license as provided in section 303 of the Michigan
vehicle code, 1949 PA 300, MCL 257.303.
(b) If the individual was operating a vessel, the individual's
privilege to operate a vessel shall be revoked for a period of not
less than 5 years.
(8) Except as otherwise provided in this subsection, a
conviction under this section does not prohibit a conviction and
sentence under any other applicable provision for conduct arising
out of the same transaction. A conviction under subsection (2),
(3), (4), or (5) prohibits a conviction under section 602a of the
Michigan vehicle code, 1949 PA 300, MCL 257.602a, for conduct
arising out of the same transaction.
(9)
As used in this section: , "serious impairment of a body
function"
(a) "Prior conviction" means:
(i) For a violation of this section while operating a motor
vehicle, the person had a previous conviction for a violation of
this section while operating a motor vehicle or a previous
conviction for fleeing and eluding under a current or former law of
this state prohibiting substantially similar conduct while
operating a motor vehicle.
(ii) For a violation of this section while operating a vessel,
the person had a previous conviction for a violation of this
section while operating a vessel.
House Bill No. 4848 (H-1) as amended November 10, 2011
as amended February 23, 2012
(b) "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.
(c) "Vessel" means that term as defined in section 80104 of
the natural resources and environmental protection act, 1994 PA
451, MCL 324.80104.
[(10) This section shall be known and may be cited as the "Lieutenant Donald Bezenah law".
<<Enacting section 1. This amendatory act takes effect November 1, 2012.>>]