2005 House Bill 4431: Enhanced murder penalty if stalking

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Public Act 415 of 2006

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Introduced by Rep. Lorence Wenke (R) on March 1, 2005, to include in the list of conditions that define first degree murder a murder committed while perpetrating aggravated stalking, or while in violation of a personal protection order, bail condition, or parole condition. First degree murder is punishable by mandatory life in prison without the possibility of parole.
- Referred to the House Judiciary Committee on March 1, 2005.
  - Reported in the House on March 29, 2006, with the recommendation that the substitute (H-2) be adopted and that the bill then pass.
- Substitute offered in the House on April 19, 2006, to replace the previous version of the bill with one that also extends first degree murder penalties to murder committed while perpetrating or attempting to perpetrate torture. The substitute passed by voice vote in the House on April 19, 2006.
Passed 106 to 0 in the House on May 24, 2006, to include in the list of conditions that define first degree murder a murder committed while perpetrating aggravated stalking; while in violation of a personal protection order, bail condition, or parole condition; or while perpetrating torture upon another human being. First degree murder is punishable by mandatory life in prison without the possibility of parole.
Who Voted "Yes" and Who Voted "No"
Received in the Senate on May 25, 2006.
- Referred to the Senate Judiciary Committee on May 25, 2006.
  - Reported in the Senate on September 6, 2006, with the recommendation that the bill pass.
- Amendment offered in the Senate on September 7, 2006, to move back the date the bill goes into effect. The amendment passed by voice vote in the Senate on September 7, 2006.
- Amendment offered by Sen. Mark Schauer (D) on September 12, 2006, to name the proposed law after a particular individual.
  - Withdrawn by Sen. Mark Schauer (D) on September 13, 2006.
Passed 36 to 0 in the Senate on September 13, 2006, to include in the list of conditions that define first degree murder a murder committed while perpetrating aggravated stalking; while in violation of a personal protection order, bail condition, or parole condition; or while perpetrating torture upon another human being. First degree murder is punishable by mandatory life in prison without the possibility of parole.
Who Voted "Yes" and Who Voted "No"
Received in the House on September 13, 2006.
Passed 101 to 0 in the House on September 14, 2006, to concur with the Senate-passed version of the bill.
Who Voted "Yes" and Who Voted "No"
Signed by Gov. Jennifer Granholm on September 29, 2006.

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1) Sen. Schauer's "journal statement" by Admin003 on September 14, 2006
Senator Schauer asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.

The motion prevailed.

Senator Schauer's statement is as follows:

This amendment is something of a proposal or a concept that I worked out with the bill sponsor, RepresentativeWenke from my area. This bill was specifically introduced as a result of a very violent, domestic violence murder which was graphically described by our prosecuting attorney during the Judiciary Committee. We worked with the Legislative Service Bureau to come up with an enacting section only for that part of the law. My understanding is that the chairman is not supportive. I wish we could work this out. We were merely attempting to name this enacting section after Deborah Moore-Foster. So what I'll do is I will withdraw the amendment, but I'll use this moment to tell you about the situation, and maybe in some small way, it will make a difference to you and impact you.

Debra Moore-Foster was a constituent in my district in Battle Creek. She was a woman who was married and in the process of ending her marriage against a very violent and abusive individual. According to our prosecutor, she did everything right. She had a personal protection order against her estranged husband. Unfortunately, he went into her home and violently murdered her--stabbed her to death. In fact, my whole community knows about this situation. Ironically, she was murdered and she resided at the time right next door to our domestic violence shelter. She literally died attempting to crawl to the shelter.

I think it would be fitting to remember her and to name this enacting section, which importantly adds aggravated stalking as justification for felony murder. Unfortunately, we were unable to work this out, but that was my effort, and I at least wanted to share that story and what precipitated this legislation.

I will withdraw the amendment, and I do ask for your "yes" vote on Representative Wenke's bill.

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2) Unlimited governmental immunity bad by Anonymous Citizen on March 11, 2005
Murder is murder NO MATTER HOW IT'S DONE OR BY WHO. Whether it's authority figures with governmental immunity, or the local Joe who commit it. In fact, how come unlimited governmental immunity has not been addressed? It seems like those who have so much power should have the most responsibility for using it! Let's work on more accountability, less immunity. If it applies to citizens then judges, prosecutors,and police all should have to follow the laws too.
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3) 2005 House Bill 4431 (Enhanced murder penalty if stalking ) by admin on January 1, 2001
Introduced in the House on March 1, 2005, to include in the list of conditions that define first degree murder a murder committed while perpetrating aggravated stalking; while in violation of a personal protection order, bail condition, or parole condition; or while perpetrating torture upon another human being. First degree murder is punishable by mandatory life in prison without the possibility of parole

The vote was 106 in favor, 0 opposed and 1 not voting

(House Roll Call 550 at House Journal 51)

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