HOUSE BILL No. 4540


     April 21, 1999, Introduced by Reps. Patterson, Bradstreet, Sanborn, Koetje, Vear, Hart, Kukuk, Howell, DeVuyst, Kuipers, Voorhees, Woronchak, Ehardt, Rick Johnson, Gosselin, LaSata, Richardville, Birkholz, Rocca, Middaugh, Julian, Mans, Schauer, Pappageorge, Cameron Brown, Bishop, Allen, Vander Roest, Neumann, Green, Schermesser, Jansen, Stamas,
Kowall, Jelinek, Bovin, Garcia, Sheltrown, Basham, Faunce, Mortimer, Frank, DeHart, Shulman, Pumford, Scranton, Jellema, Cassis, Raczkowski and Tabor and referred to the Committee on Constitutional Law and Ethics.


        A bill to amend 1931 PA 328, entitled

   "The Michigan penal code,"

   by amending sections 317 and 321 (MCL 750.317 and 750.321).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec.  317.  (1)  Second degree murder--All other kinds of

 2     murder shall be  MURDER, OTHER THAN MURDER IN THE FIRST DEGREE,

 3    IS murder  of  IN the second degree  ,  and,  shall be punished 

 4    EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, IS A FELONY

 5    PUNISHABLE by imprisonment  in the state prison  for life  ,  or

 6    FOR any term of years.  , in the discretion of the court trying

 7     the same. 

 8         (2) EXCEPT AS PROVIDED IN SUBSECTION (3), AN INDIVIDUAL WHO

 9    IS LICENSED TO CARRY A CONCEALED PISTOL AND WHO COMMITS MURDER IN

10    THE SECOND DEGREE WHILE CARRYING A PISTOL, WHETHER CONCEALED OR




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 1    NOT, IS GUILTY OF A FELONY AND SHALL BE IMPRISONED FOR LIFE OR

 2    FOR ANY TERM OF YEARS BUT NOT LESS THAN 5 YEARS.

 3         (3) AN INDIVIDUAL WHO COMMITS MURDER IN THE SECOND DEGREE BY

 4    USING A FIREARM AND WHO HAS PREVIOUSLY BEEN CONVICTED OF MURDER

 5    IN THIS STATE OR ELSEWHERE IS GUILTY OF A FELONY AND SHALL BE

 6    IMPRISONED FOR LIFE OR FOR ANY TERM OF YEAR BUT NOT LESS THAN 15

 7    YEARS.

 8         Sec.  321.  (1)  Manslaughter--Any  EXCEPT AS OTHERWISE PRO-

 9    VIDED IN THIS SECTION, A person who  shall commit the crime of 

10    COMMITS manslaughter  shall be  IS guilty of a felony punishable

11    by imprisonment  in the state prison,  FOR not more than 15 years

12    or  by  A fine of not more than  7,500 dollars  $7,500.00, or

13    both.  , at the discretion of the court. 

14         (2) EXCEPT AS PROVIDED IN SUBSECTION (3), AN INDIVIDUAL WHO

15    IS LICENSED TO CARRY A CONCEALED PISTOL AND WHO COMMITS MAN-

16    SLAUGHTER WHILE CARRYING A PISTOL, WHETHER CONCEALED OR NOT, IS

17    GUILTY OF A FELONY AND SHALL BE IMPRISONED FOR NOT LESS THAN 5

18    YEARS OR MORE THAN 20 YEARS.

19         (3) AN INDIVIDUAL WHO COMMITS MANSLAUGHTER BY USING A FIRE-

20    ARM AND WHO HAS PREVIOUSLY BEEN CONVICTED OF MANSLAUGHTER OR

21    MURDER IN THIS STATE OR ELSEWHERE IS GUILTY OF A FELONY AND SHALL

22    BE IMPRISONED FOR NOT LESS THAN 15 YEARS OR MORE THAN 30 YEARS.

23         Enacting section 1.  This amendatory act takes effect

24    September 30, 1999.

25         Enacting section 2.  This amendatory act does not take

26    effect unless Senate Bill No. _____ or House Bill No. _____





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 1    (request no. 00486'99 ***) of the 90th Legislature is enacted

 2    into law.




















































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