June 30, 2011, Introduced by Rep. LaFontaine and referred to the Committee on Natural Resources, Tourism, and Outdoor Recreation.
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 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 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 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, 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) "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.
(b) "Vessel" means that term as defined in section 80104 of
the natural resources and environmental protection act, 1994 PA
451, MCL 324.80104.