June 16, 2011, Introduced by Reps. McMillin, Callton, Olson, Lori and Denby and referred to the Committee on Judiciary.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
(MCL 750.1 to 750.568) by adding section 411w.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 411w. (1) An individual who is charged with the
responsibility of searching other individuals for entry onto any
public property or any mode of public transportation shall not
intentionally touch the clothed or unclothed breast, genitalia,
buttocks, or anus of that other individual except upon reasonable
cause to believe that the individual may be concealing an item that
is prohibited on that public property or on that mode of public
transportation. A search conducted under this subsection shall be
conducted in compliance with the laws of this state or of the
United States, as applicable, and as authorized by the rules of the
agency or entity owning the public property or mode of public
transportation and of the entity employing that individual.
(2) Notwithstanding subsection (1), an individual who is
charged with the responsibility of searching other individuals for
entry onto any public property or any mode of public transportation
shall not intentionally touch the clothed or unclothed breast,
genitalia, buttocks, or anus of that other individual under the
pretext of a search, or with the intent to intimidate, frighten, or
harass that other individual, or in a manner that a reasonable
person trained to conduct searches for entry onto public property
or that mode of public transportation would find to be
inappropriate under the circumstances.
(3) An individual who violates subsection (1) is guilty of a
crime as follows:
(a) Except as provided in subdivision (b), the individual is
guilty of a misdemeanor punishable by imprisonment for not more
than 93 days or a fine of not more than $500.00, or both.
(b) If the person has previously been convicted of violating
this section, the person is guilty of a misdemeanor punishable by
imprisonment for not more than 1 year or a fine of not more than
$1,000.00, or both.
(4) An individual who violates subsection (2) is guilty of a
misdemeanor punishable by imprisonment for not more than 1 year or
a fine of not more than $1,000.00, or both.
(5) As used in this section:
(a) "Public mode of transportation" means any mode of
transportation including, but not limited to, any aircraft, train,
or bus used to transport members of the public for a fee.
(b) "Public property" means any property that is owned or
leased by the United States, this state, or a political subdivision
of this state that is available for use by the public, regardless
of whether a fee is charged for access.