Bill Text: MI HB5628 | 2015-2016 | 98th Legislature | Enrolled
Bill Title: Crimes; penalties; unregulated custody transfer; prohibit, and provide penalties for. Amends sec. 136c of 1931 PA 328 (MCL 750.136c).
Spectrum: Partisan Bill (Republican 11-0)
Status: (Passed) 2016-12-31 - Assigned Pa 482'16 [HB5628 Detail]
Download: Michigan-2015-HB5628-Enrolled.html
STATE OF MICHIGAN
98TH LEGISLATURE
REGULAR SESSION OF 2016
Introduced by Reps. Vaupel, McCready, Canfield, Victory, Price, Iden, Crawford, Howell, Tedder, Hooker and McBroom
ENROLLED HOUSE BILL No. 5628
AN ACT to amend 1931 PA 328, entitled “An act to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at criminal trials; to provide for liability for damages; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,” by amending section 136c (MCL 750.136c), as added by 2000 PA 205.
The People of the State of Michigan enact:
Sec. 136c. (1) A person shall not transfer or attempt to transfer the legal or physical custody of an individual to another person for money or other valuable consideration, except as otherwise permitted by law.
(2) A person shall not acquire or attempt to acquire the legal or physical custody of an individual for payment of money or other valuable consideration to another person, except as otherwise permitted by law.
(3) Except as provided in subsection (4), a person shall not do any of the following, whether or not the person receives money or other valuable consideration for doing so:
(a) Transfer or attempt to transfer the legal or physical custody of a child with the intent to permanently divest a parent of parental responsibility, except by order of a court of competent jurisdiction.
(b) Arrange for or assist in the permanent transfer, adoption, adoptive placement, or any other permanent physical placement of a child, except for the performance of adoption activities under 1973 PA 116, MCL 722.111 to 722.128, in the performance of the person’s duties.
(c) Assist, aid, abet, or conspire in the commission of an act described in subdivision (a) or (b).
(4) Subsection (3) does not apply to the placement of a child under 1 or more of the following conditions:
(a) With a relative, a child placing agency, or the department.
(b) By a child placing agency or the department.
(c) In accordance with the interstate compact on placement of children, 1984 PA 114, MCL 3.711 to 3.717.
(d) In which the child will be returned in less than 180 days.
(e) With the specific intent that the child will be returned, that the placement benefits the child, and that it is based on the temporary needs of the family, including, but not limited to, 1 or more of the following:
(i) Respite for the child and family.
(ii) A vacation or school-sponsored activity or function.
(iii) A temporary inability of the parent or legal guardian to provide care for the child due to incarceration, military service, medical treatment, or other incapacity of the parent or legal guardian.
(5) A person who violates this section is guilty of a felony punishable by imprisonment for not more than 20 years or a fine of not more than $100,000.00, or both.
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
Clerk of the House of Representatives
Secretary of the Senate
Approved
Governor
