February 28, 2013, Introduced by Reps. Stallworth, Tlaib, Talabi, Rutledge, Greimel, Walsh, Pettalia and Durhal and referred to the Committee on Criminal Justice.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 316 (MCL 750.316), as amended by 2006 PA 415.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 316. (1) A person who commits any of the following is
guilty of first degree murder and shall be punished by imprisonment
(a) Murder perpetrated by means of poison, lying in wait, or
any other willful, deliberate, and premeditated killing.
(b) Murder committed in the perpetration of, or attempt to
perpetrate, arson, criminal sexual conduct in the first, second, or
third degree, child abuse in the first degree, a major controlled
substance offense, robbery, carjacking, breaking and entering of a
dwelling, home invasion in the first or second degree, larceny of
any kind, extortion, kidnapping, vulnerable adult abuse in the
and or second degree under section 145n, torture under
or aggravated stalking under section 411i, or
intentionally discharging a firearm at a dwelling or an occupied
structure under section 234b.
(c) A murder of a peace officer or a corrections officer
committed while the peace officer or corrections officer is
lawfully engaged in the performance of any of his or her duties as
a peace officer or corrections officer, knowing that the peace
officer or corrections officer is a peace officer or corrections
officer engaged in the performance of his or her duty as a peace
officer or corrections officer.
(2) As used in this section:
(a) "Arson" means a felony violation of chapter X.
(b) "Corrections officer" means any of the following:
(i) A prison or jail guard or other prison or jail personnel.
(ii) Any of the personnel of a boot camp, special alternative
incarceration unit, or other minimum security correctional
(iii) A parole or probation officer.
(c) "Major controlled substance offense" means any of the
(i) A violation of section 7401(2)(a)(i) to (iii) of the public
health code, 1978 PA 368, MCL 333.7401.
(ii) A violation of section 7403(2)(a)(i) to (iii) of the public
health code, 1978 PA 368, MCL 333.7403.
(iii) A conspiracy to commit an offense listed in subparagraph
(i) or (ii).
(d) "Peace officer" means any of the following:
(i) A police or conservation officer of this state or a
political subdivision of this state.
(ii) A police or conservation officer of the United States.
(iii) A police or conservation officer of another state or a
political subdivision of another state.