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Outdated Michigan laws may be ousted

The 'time has passed' for specific statutes about dueling and

November 01, 2009|David Eggert | Eggert writes for the Associated Press.

LANSING, MICH. — Dueling has become less common over the last couple centuries. Likewise, the concern about prizefights.

Both those activities, along with taking a woman against her will and forcing her to marry, would no longer be specifically outlawed in Michigan under measures approved by a legislative committee and sent to the full Senate. The bills will go to the House for consideration once the Senate votes.

"There may have been a time in our history that there was a need for these particular statutes, but I think that time has passed," said Livingston County Prosecutor David Morse.

The state has no need to keep such laws -- dating back to Michigan's 1931 penal code -- on the books because it already is a crime to kidnap, kill or hurt someone, Morse said.

After hearing brief testimony, the Senate Judiciary Committee passed the bills 5 to 0.

Republican Sen. Bruce Patterson of Wayne County's Canton Township jokingly asked if it was wise to lift the specific ban on dueling, given the animosity inside the Capitol over resolving a $2.8-billion budget deficit. Much of state government is running on a one-month budget because of the standstill.

Morse replied in jest that if lawmakers had pistol duels, the state could "reserve Spartan Stadium and you could sell some tickets."

The bid to eliminate laws that no longer apply comes up from time to time. Legislators ask the Prosecuting Attorneys Assn. of Michigan if the state has obsolete crimes or crimes covered by other laws. Prosecutors submit a list, and lawmakers occasionally get around to their suggestions.

Other felonies that have been considered for deletion include teaching polygamy, promising to sell grain at a fictitious price and making a false protest on a boat.

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