Bill Text: MI HB4187 | 2015-2016 | 98th Legislature | Chaptered


Bill Title: Crimes; malicious destruction; vandalizing, desecrating, or intentionally destroying certain public property on a highway, freeway, or interstate road; prohibit, and provide penalties. Amends 1931 PA 328 (MCL 750.1 - 750.568) by adding sec. 377d & repeals sec. 616 of 1949 PA 300 (MCL 257.616).

Spectrum: Moderate Partisan Bill (Democrat 25-4)

Status: (Passed) 2016-05-11 - Assigned Pa 111'16 With Immediate Effect [HB4187 Detail]

Download: Michigan-2015-HB4187-Chaptered.html

Act No. 111

Public Acts of 2016

Approved by the Governor

May 10, 2016

Filed with the Secretary of State

May 10, 2016

EFFECTIVE DATE: August 8, 2016

STATE OF MICHIGAN

98TH LEGISLATURE

REGULAR SESSION OF 2016

Introduced by Reps. Durhal, Derek Miller, Dillon, Brunner, Smiley, Moss, Chirkun, Wittenberg, Yanez, Banks, Geiss, Faris, LaVoy, Guerra, Jacobsen, Poleski, Zemke, Glenn, Heise, Hovey-Wright, Darany, Lane, Talabi, Garrett, Cochran, Singh, Greimel, Sarah Roberts and Kosowski

ENROLLED HOUSE BILL No. 4187

AN ACT to amend 1931 PA 328, entitled “An act to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at criminal trials; to provide for liability for damages; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,” (MCL 750.1 to 750.568) by adding section 377d; and to repeal acts and parts of acts.

The People of the State of Michigan enact:

Sec. 377d. (1) A person who willfully and maliciously damages, destroys, injures, defaces, dismantles, tampers with, or removes a traffic control device is guilty of a crime as follows:

(a) Except as provided in subdivisions (b) and (c), the person 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) A person who violates this section and has 1 prior conviction for violating this section is guilty of a misdemeanor punishable by imprisonment for not more than 180 days or a fine of not more than $1,000.00, or both.

(c) A person who violates this section and has 2 or more prior convictions for violating this section is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $10,000.00, or both.

(2) This section does not prohibit the person from being charged with, convicted of, or sentenced for any other violation of law arising out of the same transaction as the violation of this section in addition to being charged with, convicted of, or sentenced for the violation of this section.

(3) As used in this section, “traffic control device” means a sign, signal, electronic traffic control sign or signal, marking, light post, railroad sign or signal, or device not inconsistent with the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic, maintaining highway safety, or providing information to motor vehicle operators.

Enacting section 1. Section 616 of the Michigan vehicle code, 1949 PA 300, MCL 257.616, is repealed.

Enacting section 2. This amendatory act takes effect 90 days after the date it is enacted into law.

This act is ordered to take immediate effect.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor