Bill Text: MI HB4119 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Crimes; other; detainee or prisoner in holding cell, jail, or correctional facility throwing bodily material on certain individuals; prohibit, and provide a penalty. Amends 1931 PA 328 (MCL 750.1 - 750.568) by adding sec. 411x.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2018-02-22 - Referred To Committee Of The Whole [HB4119 Detail]
Download: Michigan-2017-HB4119-Engrossed.html
HB-4119, As Passed House, January 31, 2018
SUBSTITUTE FOR
HOUSE BILL NO. 4119
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
(MCL 750.1 to 750.568) by adding section 411x.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 411x. (1) A detainee or prisoner in a holding cell,
holding center, lockup, jail, or state correctional facility who
does either of the following is guilty of a felony punishable by
imprisonment for not more than 4 years or a fine of not more than
$2,000.00, or both:
(a) Knowingly throws or attempts to throw any bodily material,
and that bodily material comes into contact with any employee or
volunteer performing his or her duties in that holding cell,
holding center, lockup, jail, or state correctional facility.
(b) Knowingly causes or attempts to cause any employee or
volunteer performing his or her duties in that holding cell,
holding center, lockup, jail, or state correctional facility to
come into contact with any bodily material.
(2) This section does not apply to a prisoner or detainee who
violates subsection (1) because he or she has a mental illness or
intellectual disability for which he or she has received a
diagnosis by a mental health professional or for which he or she is
currently receiving treatment by a mental health professional.
(3) This section does not prohibit the person from being
charged with, convicted of, and sentenced for any other violation
of law in lieu of being charged with, convicted of, and sentenced
for a violation of this section.
(4) As used in this section:
(a) "Bodily material" means blood, urine, saliva, semen, or
feces.
(b) "Holding cell", "holding center", "lockup", "jail", and
"state correctional facility" mean those terms as defined in
section 62 of the corrections code of 1953, 1953 PA 232, MCL
791.262.
(c) "Intellectual disability" means that term as defined in
section 100b of the mental health code, 1974 PA 258, MCL 330.1100b.
(d) "Mental health professional" means that term as defined in
section 100b of the mental health code, 1974 PA 258, MCL 330.1100b.
(e) "Mental illness" means that term as defined in section 400
of the mental health code, 1974 PA 258, MCL 330.1400.