SENATE BILL NO. 430


   March 11, 1999, Introduced by Senators BULLARD, BENNETT, YOUNG,
        SHUGARS and STEIL and referred to the Committee on 
        Judiciary.



        A bill to amend 1931 PA 328, entitled

   "The Michigan penal code,"

   by amending section 316 (MCL 750.316), as amended by 1996 PA 21.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 316.  (1) A person who commits any of the following is

 2    guilty of first degree murder and shall be punished by imprison-

 3    ment for life:

 4         (a) Murder perpetrated by means of poison, lying in wait, or

 5    any other willful, deliberate, and premeditated killing.

 6         (b) Murder committed in the perpetration of, or attempt to

 7    perpetrate, arson, criminal sexual conduct in the first, second,

 8    or third degree, child abuse in the first degree, a major con-

 9    trolled substance offense, robbery, CARJACKING, breaking and

10    entering of a dwelling, home invasion in the first or second

11    degree, larceny of any kind, extortion, or kidnapping.


   01600'99                                                 JOJ
           
                                   2

 1         (c) A murder of a peace officer or a corrections officer

 2    committed while the peace officer or corrections officer is law-

 3    fully engaged in the performance of any of his or her duties as a

 4    peace officer or corrections officer,  with knowledge
              KNOWING

 5    that the peace officer or corrections officer is a peace officer

 6    or corrections officer engaged in the performance of his or her

 7    duty as a peace officer or corrections officer.

 8         (2) As used in this section:

 9         (a) "Arson" means a felony violation of chapter X.

10         (b) "Corrections officer" means any of the following:

11         (i) A prison or jail guard or other prison or jail

12    personnel.

13         (ii)  A  ANY OF THE personnel of a boot
             camp, SPECIAL ALTER-

14    NATIVE INCARCERATION UNIT, or other minimum security correctional

15    facility.

16         (iii) A parole or probation officer.

17         (c) "Major controlled substance offense" means any of the

18    following:

19         (i) A violation of section 7401(2)(a)(i) to
             (iii) of the

20    public health code,  Act No. 368 of the Public Acts of 1978,

21     being section 333.7401 of the Michigan Compiled Laws
                        1978 PA

22    368, MCL 333.7401.

23         (ii) A violation of section 7403(2)(a)(i) to
             (iii) of the

24    public health code,  Act No. 368 of the Public Acts of 1978,

25     being section 333.7403 of the Michigan Compiled Laws
                        1978 PA

26    368, MCL 333.7403.





   01600'99

                                   3

 1         (iii) A conspiracy to commit an offense listed in

 2    subparagraph (i) or (ii).

 3         (d) "Peace officer" means any of the following:

 4         (i) A police or conservation officer of this state
              ,  or

 5     of  a political subdivision of this state.

 6         (ii) A police or conservation officer of the United
             States.

 7         (iii) A police or conservation officer of another state
              , 

 8    or  of  a political subdivision of another state.








































   01600'99          Final page.                            JOJ