2005 House Bill 5270 / Public Act 303

Clarify police firearms violation exemption

Introduced in the House

Oct. 6, 2005

Introduced by Rep. Rick Jones (R-71)

To clarify that provisions prohibiting intentionally aiming a firearm or discharging the firearm at another person, but without malice, does not apply to peace officers when done in the performance of their duties as peace officers. The bill would also define "peace officer," and would make discharging a firearm (whether or not the other person sustained injuries) punishable by <i>both</i> a fine and imprisonment, instead of one or the other.

Referred to the Committee on Judiciary

Dec. 7, 2005

Reported without amendment

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

Substitute offered

The substitute passed by voice vote

Passed in the House 91 to 11 (details)

To clarify that provisions prohibiting intentionally aiming a firearm or discharging the firearm at another person, but without malice, does not apply to peace officers when done in the performance of their duties as peace officers. The bill would also define "peace officer," and increase the maximum sentence for injuring someone by accidentally firing a gun from 90 to 93 days (which places the conviction in the permanent criminal records database).

Received in the Senate

Dec. 8, 2005

Reported without amendment

Dec. 13, 2005

Reported without amendment

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

Substitute offered

To replace the previous version of the bill with one that revises details but does not change the substance of the bill as previously described.

The substitute passed by voice vote

Passed in the Senate 32 to 6 (details)

To clarify that provisions prohibiting intentionally aiming a firearm or discharging the firearm at another person, but without malice, does not apply to peace officers when done in the performance of their duties as peace officers. The bill would also define "peace officer," and increase the maximum sentence for injuring someone by accidentally firing a gun from 90 to 93 days (which places the conviction in the permanent criminal records database).

Received in the House

Dec. 13, 2005

To concur with the Senate-passed version of the bill.

Passed in the House 107 to 0 (details)

Signed by Gov. Jennifer Granholm

Dec. 20, 2005