§ 750.479aFailure to obey direction of police or conservation officer to stop motor vehicle

or vessel; violation of subsection (1); fleeing and eluding as felony; penalty; suspension of
 license; revocation; conviction and sentence under other provision; definitions.
 Sec. 479a.
    (1) An operator of a motor vehicle or vessel who is given by hand, voice, emergency light,
 or siren a visual or audible signal by a police or conservation officer, acting in the lawful
 performance of his or her duty, directing the operator to bring his or her motor vehicle or
 vessel to a stop shall not willfully fail to obey that direction by increasing the speed of the
 vehicle or vessel, extinguishing the lights of the vehicle or vessel, or otherwise attempting to
 flee or elude the police or conservation officer. This subsection does not apply unless the
 police or conservation officer giving the signal is in uniform and the officer's vehicle or vessel
 is identified as an official police or department of natural resources vehicle or vessel.
    (2) Except as provided in subsection (3), (4), or (5), an individual who violates subsection
 (1) is guilty of fourth-degree fleeing and eluding, a felony punishable by imprisonment for not
 more than 2 years or a fine of not more than $2,000.00, or both.
    (3) Except as provided in subsection (4) or (5), an individual who violates subsection (1) is
 guilty of third-degree fleeing and eluding, a felony punishable by imprisonment for not more
 than 5 years or a fine of not more than $5,000.00, or both, if 1 or more of the following
 circumstances apply:
    (a) The violation results in a collision or accident.
    (b) For a motor vehicle, a portion of the violation occurred in an area where the speed limit
 is 35 miles an hour or less, whether that speed limit is posted or imposed as a matter of law or,
 for a vessel, a portion of the violation occurred in an area designated as "slow—–no wake",
 "no wake", or "restricted" whether the area is posted or created by law or administrative rule.



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    (c) The individual has a prior conviction for fourth-degree fleeing and eluding, attempted
 fourth-degree fleeing and eluding, or fleeing and eluding under a current or former law of this
 state prohibiting substantially similar conduct.
    (4) Except as provided in subsection (5), an individual who violates subsection (1) is guilty
 of second-degree fleeing and eluding, a felony punishable by imprisonment for not more than
 10 years or a fine of not more than $10,000.00, or both, if 1 or more of the following
 circumstances apply:
    (a) The violation results in serious impairment of a body function of an individual.
    (b) The individual has 1 or more prior convictions for first-, second-, or third-degree fleeing
 and eluding, attempted first-, second-, or third-degree fleeing and eluding, or fleeing and
 eluding under a current or former law of this state prohibiting substantially similar conduct.
    (c) The individual has any combination of 2 or more prior convictions for fourth-degree
 fleeing and eluding, attempted fourth-degree fleeing and eluding, or fleeing and eluding under
 a current or former law of this state prohibiting substantially similar conduct.
    (5) If the violation results in the death of another individual, an individual who violates
 subsection (1) is guilty of first-degree fleeing and eluding, a felony punishable by
 imprisonment for not more than 15 years or a fine of not more than $15,000.00, or both.
    (6) Upon a conviction for a violation or attempted violation under subsection (2) or (3), the
 following apply:
    (a) If the individual was operating a motor vehicle, the secretary of state shall suspend the
 individual's operator's or chauffeur's license as provided in section 319 of the Michigan
 vehicle code, 1949 PA 300, MCL 257.319.
    (b) If the individual was operating a vessel, the individual's privilege to operate a vessel
 shall be suspended for a period not to exceed 5 years.
    (7) Upon a conviction for a violation or attempted violation under subsection (4) or (5), the
 following apply:
    (a) If the individual was operating a motor vehicle, the secretary of state shall revoke the
 individual's operator's or chauffeur's license as provided in section 303 of the Michigan
 vehicle code, 1949 PA 300, MCL 257.303.
    (b) If the individual was operating a vessel, the individual's privilege to operate a vessel
 shall be revoked for a period of not less than 5 years.
    (8) Except as otherwise provided in this subsection, a conviction under this section does not
 prohibit a conviction and sentence under any other applicable provision for conduct arising out
 of the same transaction. A conviction under subsection (2), (3), (4), or (5) prohibits a
 conviction under section 602a of the Michigan vehicle code, 1949 PA 300, MCL 257.602a, for
 conduct arising out of the same transaction.
    (9) As used in this section:
    (a) "Prior conviction" means:
    (i) For a violation of this section while operating a motor vehicle, the person had a previous
 conviction for a violation of this section while operating a motor vehicle or a previous
 conviction for fleeing and eluding under a current or former law of this state prohibiting
 substantially similar conduct while operating a motor vehicle.
    (ii) For a violation of this section while operating a vessel, the person had a previous
 conviction for a violation of this section while operating a vessel.
    (b) "Serious impairment of a body function" means that term as defined in section 58c of
 the Michigan vehicle code, 1949 PA 300, MCL 257.58c.
    (c) "Vessel" means that term as defined in section 80104 of the natural resources and
 environmental protection act, 1994 PA 451, MCL 324.80104.


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     (10) This section shall be known and may be cited as the "Lieutenant Donald Bezenah law".