THE MICHIGAN PENAL CODE
Act 328 of 1931
750.197 Breaking, escaping, or leaving jail or place of confinement; breaking or escaping while in or being transferred to or from courtroom or court house; felony; penalty; section inapplicable to person leaving jail pursuant to day parole; “jail” defined.
Sec. 197.
(1) A person lawfully imprisoned in a jail or place of confinement established by law, awaiting examination, trial, arraignment, or sentence for a misdemeanor, who breaks the jail or place of confinement and escapes; who breaks the jail, although no escape is actually made; who escapes; who leaves the jail or place of confinement without being discharged from the jail or place of confinement by due process of law; who breaks or escapes while in or being transferred to or from a courtroom or courthouse, or a place where court is being held; or who attempts to break or escape from the jail or place of confinement is guilty of a felony, punishable by imprisonment for not more than 2 years, or by a fine of not more than $1,000.00, or both.
(2) A person lawfully imprisoned in a jail or place of confinement established by law, awaiting examination, trial, arraignment, or sentence for a felony; or after sentence for a felony awaiting or during transfer to or from a prison, who breaks the jail or place of confinement and escapes; who breaks the jail, although no escape is actually made; who escapes; who leaves the jail or place of confinement without being discharged from the jail or place of confinement by due process of law; who breaks or escapes while in or being transferred to or from a courtroom or courthouse, or a place where court is being held; or who attempts to break or escape from the jail or place of confinement is guilty of a felony. A term of imprisonment imposed for a violation of this subsection shall begin to run at the expiration of any term of imprisonment imposed for the offense for which the person was imprisoned at the time of the violation of this subsection.
(3) This section does not apply to a person who left the jail pursuant to a day parole granted for any purpose under section 1 of Act No. 60 of the Public Acts of 1962, being section 801.251 of the Michigan Compiled Laws, and who is absent from the jail after the time he or she was required to return to the jail unless the person has the intent to escape from imprisonment.
(4) As used in this section, "jail" means a facility that is operated by a local unit of government for the detention of persons charged with, or convicted of, criminal offenses or ordinance violations, or persons found guilty of civil or criminal contempt.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.197 ;-- Am. 1949, Act 240, Eff. Sept. 23, 1949 ;-- Am. 1955, Act 264, Eff. Oct. 14, 1955 ;-- Am. 1987, Act 212, Eff. Mar. 30, 1988
FormerLaw Notes:
See section 28 of Ch. 171 of R.S. 1846, being CL 1857, § 6156; CL 1871, § 8045; How., § 9661; CL 1897, § 2677; CL 1915, § 2548; CL 1929, § 17694; and Act 146 of 1875.
Notes of Decisions
People v. Perkins, 703 N.W.2d 448 (Mich. 2005).
· cites it 2× “147a(1), MCL 750.197(3), and MCL 750.216. [10] "Except" means "to exclude; leave out.”
People v. Taylor, 604 N.W.2d 783 (Mich. Ct. App. 1999).
· cites it 6× “The prosecutor appeals as of right from the trial court’s order quashing an information charging defendant with escape from jail while awaiting arraignment on a felony, MCL 750.197(2); MSA 28.394(2). The trial court ruled that the statute did not apply because defendant “was in…”
People v. Jones, 476 N.W.2d 646 (Mich. Ct. App. 1991).
· cites it 4× “Pursuant to a plea agreement in which a charge of retail fraud was dismissed, *510 defendant pleaded guilty of jail escape, MCL 750.197(2); MSA 28.394(2). At the time of the plea, defendant was awaiting sentencing in another case for a conviction of attempted larceny over $100.”
Mich. Gun Owners, Inc. v. Ann Arbor Pub. Sch., 918 N.W.2d 756 (Mich. 2018).
“451a did not permit a police officer to engage in the solicitation of a prostitute, there would have been no need for the Legislature to enact MCL 750.”
People v. Fox, 591 N.W.2d 384 (Mich. Ct. App. 1999).
· cites it 2× “Defendant was convicted by a jury of escape while awaiting trial for a felony, MCL 750.197(2); MSA 28.394(2), of malicious destruction of police property, MCL 750.”
People v. Taylor, 604 N.W.2d 783 (Mich. Ct. App. 2000).
· cites it 6× “MCL 750.197(2); MSA 28.394(2) provides: A person lawfully imprisoned in a jail or place of confinement established by law, awaiting examination, trial, arraignment, or sentence for a felony; or after sentence for a felony awaiting or during transfer to or from a prison, who…”
People v. Taylor, 652 N.W.2d 526 (Mich. Ct. App. 2002).
“Defendant was convicted by a jury of escape while awaiting trial on a felony, MCL 750.197(2). He was sentenced as an habitual offender, third offense, MCL 769.”
People v. Puckett, 443 N.W.2d 470 (Mich. Ct. App. 1989).
“424, and escape from lawful custody, MCL 750.197; MSA 28.394. On June 29, 1987, defendant was sentenced to four to twenty years imprisonment.”
People v. Dunn, 158 N.W.2d 404 (Mich. 1968).
“I see no difference between a defendant being allowed to plead without knowledge that he risks death rather than imprisonment and a defendant allowed to plead without knowledge that he risks a maximum sentence of imprisonment for life rather than for a term of 10 years or that,…”
People v. Lawrence, 632 N.W.2d 156 (Mich. Ct. App. 2001).
· cites it 4× “§ 750.197(2). When reviewing the sufficiency of the evidence in a criminal case, this Court views the evidence in a light most favorable to the prosecution to determine whether a rational trier of fact could have found the essential elements of the crime proved beyond a…”
People v. Andre Alexander, 314 N.W.2d 801 (Mich. Ct. App. 1981).
“Defendant was convicted by a jury of assault on a prison guard, contrary to MCL 750.197(c); MSA 28.394(3). He was sentenced to two to four years in prison and appeals by leave granted.”
— Mich. Comp. Laws § 750.197(2) — 15 cases
People v. Jones, 476 N.W.2d 646 (Mich. Ct. App. 1991).
“Pursuant to a plea agreement in which a charge of retail fraud was dismissed, *510 defendant pleaded guilty of jail escape, MCL 750.197(2); MSA 28.394(2). At the time of the plea, defendant was awaiting sentencing in another case for a conviction of attempted larceny over $100.”
People v. Fox, 591 N.W.2d 384 (Mich. Ct. App. 1999).
“Defendant was convicted by a jury of escape while awaiting trial for a felony, MCL 750.197(2); MSA 28.394(2), of malicious destruction of police property, MCL 750.”
People v. Taylor, 604 N.W.2d 783 (Mich. Ct. App. 1999).
“The prosecutor appeals as of right from the trial court’s order quashing an information charging defendant with escape from jail while awaiting arraignment on a felony, MCL 750.197(2); MSA 28.394(2). The trial court ruled that the statute did not apply because defendant “was in…”
People v. Taylor, 604 N.W.2d 783 (Mich. Ct. App. 2000).
“MCL 750.197(2); MSA 28.394(2) provides: A person lawfully imprisoned in a jail or place of confinement established by law, awaiting examination, trial, arraignment, or sentence for a felony; or after sentence for a felony awaiting or during transfer to or from a prison, who…”
— Mich. Comp. Laws § 750.197(3) — 1 case
People v. Perkins, 703 N.W.2d 448 (Mich. 2005).
“147a(1), MCL 750.197(3), and MCL 750.216. [10] "Except" means "to exclude; leave out.”
— Mich. Comp. Laws § 750.197(4) — 3 cases
People v. Taylor, 604 N.W.2d 783 (Mich. Ct. App. 1999).
“The prosecutor appeals as of right from the trial court’s order quashing an information charging defendant with escape from jail while awaiting arraignment on a felony, MCL 750.197(2); MSA 28.394(2). The trial court ruled that the statute did not apply because defendant “was in…”
People v. Taylor, 604 N.W.2d 783 (Mich. Ct. App. 2000).
“MCL 750.197(2); MSA 28.394(2) provides: A person lawfully imprisoned in a jail or place of confinement established by law, awaiting examination, trial, arraignment, or sentence for a felony; or after sentence for a felony awaiting or during transfer to or from a prison, who…”
— Mich. Comp. Laws § 750.197(c) — 5 cases
People v. Andre Alexander, 314 N.W.2d 801 (Mich. Ct. App. 1981).
“Defendant was convicted by a jury of assault on a prison guard, contrary to MCL 750.197(c); MSA 28.394(3). He was sentenced to two to four years in prison and appeals by leave granted.”
— Mich. Comp. Laws § 750.197(c)(1) — 1 case
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