SENATE BILL No. 121

 

 

February 8, 2017, Introduced by Senators BIEDA, JONES, HOPGOOD, GREGORY, KNEZEK, HERTEL, ROCCA, CONYERS, WARREN and ANANICH and referred to the Committee on Government Operations.

 

 

     A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

 

by amending section 147b (MCL 750.147b), as added by 1988 PA 371.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 147b. (1) A person is guilty of ethnic intimidation if

 

that person maliciously, and with specific intent to intimidate or

 

harass another person because of that person's race, color,

 

religion, gender, gender identification, sexual orientation, or

 

national origin, does any of the following:

 

     (a) Causes physical contact with another person.

 

     (b) Damages, destroys, or defaces any real or personal

 

property of another person.

 

     (c) Threatens, by word or act, to do an act described in

 

subdivision (a) or (b), if there is reasonable cause to believe

 

that an act described in subdivision (a) or (b) will occur.

     (2) Ethnic intimidation is a felony punishable by imprisonment

 

for not more than 2 years, or by a fine of not more than $5,000.00,

 

or both.

 

     (3) Regardless of the existence or outcome of any criminal

 

prosecution, a person who suffers injury to his or her person or

 

damage to his or her property as a result of ethnic intimidation

 

may bring a civil cause of action against the person who commits

 

the offense to secure an injunction, actual damages, including

 

damages for emotional distress, or other appropriate relief. A

 

plaintiff who prevails in a civil action brought pursuant to this

 

section may recover both of the following:

 

     (a) Damages in the amount of 3 times the actual damages

 

described in this subsection or $2,000.00, whichever is greater.

 

     (b) Reasonable attorney fees and costs.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.