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.>>]