HomeMy WebLinkAboutResolutions - 1990.05.24 - 16768May 24, 1990 REPORT (Misc. 90023)
BY General Government Committee-
Richard G. Skarritt, Chairperson
RE: Miscellaneous Resolution #90023, (Support) Penalty Increase for a
Motor Vehicle Operator Fleeing Police
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the above
referenced resolution, reports with the recommendation that the
resolution be adopted as reported out by the Public Services
Committee.
Mr. Chairperson, on behalf of the General Government
Committee, I move the acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
April 5, 1990
REPORT (Misc. 90023)
BY:
IN RE:
Public Services Committee - Richard D. Kuhn, Jr., Chairperson
Miscellaneous Resolution #90023, (Support) Penalty Increase for a
Motor Vehicle Operator Fleeing Police
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
The Public Services Committee, having reviewed Miscellaneous
Resolution #90023, (Support) Penalty Increase for a Motor Vehicle Operator
Fleeing Police, reports with the recommendation that said resolution, which
recommends amendments to Section 479a. of Act No. 328, be adopted, with
the remaining provisions of the Act to continue in full force and effect.
Mr. Chairperson, on behalf of the Public Services Committee, I
move acceptance of the foregoing report.
PUBLIC SERVICES COMMITTEE
Ruel E. McPherson
County „Commissioner-
zomeit,e
#9 strict
Miscellaneous Resolution # 90023 February 8, 1990
BY: Ruel E. McPherson, County Commissioner-District #9
RE: (SUPPORT) PENALTY INCREASE FOR A MOTOR VEHICLE OPERATOR
FLEEING POLICE
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS a driver of a motor vehicle who attempts to flee or elude a
law enforcement officer after being directed to stop is guilty of a
misdemeanor; and
WHEREAS under existing law the punishment for this misdemeanor is
imprisonment for not less than 30 days nor more than one year, a fine of
not more than $1,000 and payment of prosecution costs if the court so
orders; and
WHEREAS since ignoring a law enforcement officer's signal to stop can
result in a life-threatening "hot pursuit" at high speeds, it seems that
stricter penalties are needed to induce greater deterrence from this violation.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners supports amendments to Section 479 a. of Act No. 328 of the
Public Acts of 1931, as amended, to (1) imprisonment for from 60 days to
one year (2) a fine of up to $2,000, and (3) surrender of the motor vehicle
if the court so orders.
BE IT FURTHER RESOLVED that copies of this resolution be sent to all
State Legislators from Oakland County and to the Legislative Agent.
Mr. Chairperson, I move the adoption of the foregoing resolution.
Act No. 407
Public Acts of 1988
Approved by the Governor
December 23, 1988
Filed with the Secretary of State
December 27, 1988
STATE Of MICHIGAN
84TH LEGISLATURE
REGULAR SESSION OF 1988
Introduced by Senator Nichols
ENROLLED SENATE BILL No. 543
AN ACT to amend section 479a of Act No. 328 of the Public Acts of 1931, entitled "An act to revise,
consolidate, codify and add to the statutes relating to crimes; to define crimes and prescribe the penalties
therefor; 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 such trials; and to repeal certain acts and parts of acts
inconsistent with or contravening any of the provisions of this act," being section 750.479a of the Michigan
Compiled Laws.
The People of the State of Michigan enact:
Section 1. Section 479a of Act No. 328 of the Public Acts of 1931, being section 750.479a of the Michigan
Compiled Laws, is amended to read as follows:
Sec. 479a. (1) A driver of a motor vehicle who is give:: 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 to bring his or her motor vehicle to a stop, and who willfully fails to obey that direction by increasing
the speed of the vehicle, extinguishing the lights of the vehicle, or otherwise attempting to flee or elude the
police or conservation officer, is guilty of a misdemeanor, and shall be punished by imprisonment for not less
than 30 days nor more than 1 year, and, in addition, may be fined not more than $1,000.00 and may be ordered
to pay the costs of prosecution. The court may depart from the minimum term of imprisonment authorized
under this subsection if the court finds on the record that there are substantial and compelling reasons to do so
and if the court imposes community service as a part of the sentence.
(2) Subsection (1) does not apply unless the police or conservation officer giving the signal is in uniform, and
the vehicle driven by the police or conservation officer is identified as an official police or department of natural
resources vehicle.
(3) A person who forcibly assaults or commits a bodily injury which requires medical care or attention upon
a peace or police officer of this state while the peace or police officer is engaged in making a lawful arrest,
knowing him or her to be a peace or police officer, is guilty of a misdemeanor, punishable by a fine of not more
than $1,000.00, or by imprisonment for not more than 2 years, or both.
(4) A person who violates subsection (1) within 5 years of a prior conviction of a violation of subsection (1) is
guilty of a felony, and shall be punished by imprisonment for a mandatory minimum term of not less than 1
year and a maximum term of not more than 4 years, and by a fine of not more than $10,000.00, together with
the costs of the prosecution.
(5) The driver of a motor vehicle who attempts to flee or elude a police or conservation officer in violation of
subsection (1) and while attempting to so flee or elude causes serious bodily injury to a person, is guilty of a
felony, and shall be punished by imprisonment for a minimum term of not less than 1 year and a maximum
term of not more than 4 years, and by a fine of not more than *10,000.00, together with the costs of the
prosecution. The court may depart from the minimum term of imprisonment authorized under this subsection
if the court finds on the record that there are substantial and compelling reasons to do so and if the court
imposes community service as a part of the sentence.
(6) As part of the sentence for a violation of subsection (1), (4), or (5), the court shall order the secretary of
state to suspend the person's operator's or chauffeur's license for a period of 1 year. The person shall not be
eligible to receive a restricted license during the first 6 months of the period of suspension. If a term of
imprisonment is served as a part of the sentence, the period of suspension of the person's license shall begin
after the completion of the term of imprisonment.
(7) As used in this section, "serious bodily injury" means serious impairment of a body function or permanent
serious disfigurement.
Secretary of the Senate.
Clerk of the House of Representatives.
Approved
Governor.
2
90023 - April 5, 1990
Moved by Richard Kuhn supported by Ferrens the Public Services Report
be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by moffitt supported by Aaron the resolution be amended in the "NOW
THEREFORE BE IT RESOLVED" paragraph, by deleting sub-section (3) (surrender of
the motor vehicle if the court so orders.)
Discussion followed.
AYES: Caddell, Crake, Ferrens, Gosling, Huntoon, Moffitt, Olsen,
Rewold, Wolf, Bishop. (10)
NAYS: Chester, Jensen, Johnson, R. Kuhn, Law, Luxon, McCulloch,
McPherson, Oaks, Pappageorge, Pernick, Price, Skarritt, Aaron. (14)
A sufficient majority not having voted therefor, the amendment failed.
Discussion followed.
Moved by McCulloch supported by Olsen the sentence for conviction
of sub-section (1) be increased from 30 to 60 days, and the fine up to $2,000;
and as part of the sentence for a violation of sub-section (1), (4) or (5),
which would increase the felony provision to the statute that the Court may
order the surrender of the motor vehicle.
Moved by Moffitt supported by Gosling the resolution and amendment
be referred to the General Government Committee.
Vote on referral:
AYES: Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson,
R. Kuhn, S. Kuhn, Law, Luxon, McPherson, Moffitt, Oaks, Olsen, Pappageorge,
Pernick, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell. (23)
NAYS: McCulloch. (1)
A sufficient majority having voted therefor, the motion to refer
carried and the resolution was referred to General Government Committee.
LifirD, A len, CoUliTY-CItn----
Resol. #90023 May 24, 1990
Moved by Richard Kuhn supported by Pappageorge the General
Government Committee Report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Richard Kuhn supported by Chester the Public Service
Committee Report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Richard Kuhn supported by Pappageorge the resolution be
adopted.
• Moved by McCulloch supported by Chester that Section 479A of the
Act be amended to provide for imprisonment up to 60 days to one year for the mis-
demeanor offense; a fine up to $2,000 for the misdemeanor and as part of the sentence
for a violation of sub-section 1, 4 or 5, that the court may order surrender of the
motor vehicle.
A sufficient majority having voted therefor, the amendment carried.
Moved by Chester the amendment be amended to change the word
"surrender" to forfeiture". Mr. McCulloch stated he had no objections to the
word being changed in the amendment.
A sufficient majority having voted therefor, the amendment to the
amendment carried.
Vote on resolution as amended:
AYES: Price, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell,
Chester Crake, Ferrens, Gosling, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, Luxon,
McCulloch, McPherson, Olsen, Pappageorge, Pernick. (22)
NAYS: Moffitt. (I)
A sufficient majority having voted therefor, the resolution, as
amended, was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND
I, Lynn D. Allen, Clerk of the County of Oakland, do hereby certify that the foregoing
resolution is a true and accurate copy of a resolution adopted by the Oakland County
Board of Commissioners on May 24, 1990
with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County
of Oakland at Pontiac, Michigan this 24th day-of, May — 1990
S i
