SENATE BILL No. 938

December 11, 2001, Introduced by Senators STILLE, VAN REGENMORTER, SHUGARS, BULLARD, JOHNSON, MC MANUS, SIKKEMA, GOUGEON, HAMMERSTROM, NORTH, GARCIA, SANBORN, SCHUETTE, GOSCHKA, STEIL and SCHWARZ

and referred to the Committee on Judiciary.

A bill to amend 1931 PA 328, entitled

"The Michigan penal code,"

by amending section 436 (MCL 750.436), as amended by 1988 PA 87.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 436. (1) A person who willfully mingles SHALL NOT DO

2 EITHER OF THE FOLLOWING:

3 (A) WILLFULLY MINGLE a poison or harmful substance with a

4 food, drink, nonprescription medicine, or pharmaceutical product,

5 or who willfully places PLACE a poison or harmful substance

6 in a spring, well, reservoir, or public water supply, and who

7 knows or should KNOWING OR HAVING REASON TO know that the food,

8 drink, nonprescription medicine, pharmaceutical product, or water

9 may be ingested or used by a person to his or her injury. , is

10 guilty of a felony, punishable by imprisonment for not more than

11 5 years, except as otherwise provided in subsection (2).

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1 (2) If the violation of subsection (1) involves an amount of

2 a poison or harmful substance that may cause death if a person

3 ingests or uses the food, drink, nonprescription medicine, phar-

4 maceutical product, or water, or if the violation of subsection

5 (1) results in the infliction of great bodily injury on a person,

6 the person who violates subsection (1) shall be punished by

7 imprisonment for life or any term of years.

8 (3) A person who maliciously informs

9 (B) MALICIOUSLY INFORM another person that a poison or harm-

10 ful substance has been or will be placed in a food, drink, non-

11 prescription medicine, pharmaceutical product, spring, well, res-

12 ervoir, or public water supply, knowing that the information is

13 false and that it is likely that the information will be dissemi-

14 nated to the public. , is guilty of a felony, punishable by

15 imprisonment for not more than 2 years.

16 (2) A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A CRIME

17 AS FOLLOWS:

18 (A) EXCEPT AS PROVIDED IN SUBDIVISIONS (B) TO (E), THE

19 PERSON IS GUILTY OF A FELONY PUNISHABLE BY IMPRISONMENT FOR NOT

20 MORE THAN 15 YEARS OR A FINE OF NOT MORE THAN $10,000.00, OR

21 BOTH.

22 (B) IF THE VIOLATION DAMAGES THE PROPERTY OF ANOTHER PERSON,

23 THE PERSON IS GUILTY OF A FELONY PUNISHABLE BY IMPRISONMENT FOR

24 NOT MORE THAN 20 YEARS OR A FINE OF NOT MORE THAN $15,000.00, OR

25 BOTH.

26 (C) IF THE VIOLATION CAUSES PHYSICAL INJURY TO ANOTHER

27 INDIVIDUAL, OTHER THAN SERIOUS IMPAIRMENT OF A BODY FUNCTION, THE

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1 PERSON IS GUILTY OF A FELONY PUNISHABLE BY IMPRISONMENT FOR NOT

2 MORE THAN 25 YEARS OR A FINE OF NOT MORE THAN $20,000.00, OR

3 BOTH.

4 (D) IF THE VIOLATION CAUSES SERIOUS IMPAIRMENT OF A BODY

5 FUNCTION TO ANOTHER INDIVIDUAL, THE PERSON IS GUILTY OF A FELONY

6 PUNISHABLE BY IMPRISONMENT FOR LIFE OR ANY TERM OF YEARS OR A

7 FINE OF NOT MORE THAN $25,000.00, OR BOTH. AS USED IN THIS SUB-

8 DIVISION, "SERIOUS IMPAIRMENT OF A BODY FUNCTION" MEANS THAT TERM

9 AS DEFINED IN SECTION 58C OF THE MICHIGAN VEHICLE CODE, 1949

10 PA 300, MCL 257.58C.

11 (E) IF THE VIOLATION CAUSES THE DEATH OF ANOTHER INDIVIDUAL,

12 THE PERSON IS GUILTY OF A FELONY AND SHALL BE IMPRISONED FOR LIFE

13 WITHOUT ELIGIBILITY FOR PAROLE AND MAY BE FINED NOT MORE THAN

14 $40,000.00, OR BOTH.

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