Bill Text: MI HB4486 | 2017-2018 | 99th Legislature | Engrossed


Bill Title: Criminal procedure; sentencing; penalties for third degree and fourth degree child abuse; modify. Amends sec. 136b of 1931 PA 328 (MCL 750.136b).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2018-03-01 - Referred To Committee Of The Whole [HB4486 Detail]

Download: Michigan-2017-HB4486-Engrossed.html

HB-4486, As Passed House, February 8, 2018

 

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4486

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

 

by amending section 136b (MCL 750.136b), as amended by 2016 PA 488.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 136b. (1) As used in this section:

 

     (a) "Child" means a person who is less than 18 years of age

 

and is not emancipated by operation of law as provided in section 4

 

of 1968 PA 293, MCL 722.4.

 

     (b) "Cruel" means brutal, inhuman, sadistic, or that which

 

torments.

 

     (c) "Omission" means a willful failure to provide food,

 

clothing, or shelter necessary for a child's welfare or willful

 

abandonment of a child.

 


     (d) "Person" means a child's parent or guardian or any other

 

person who cares for, has custody of, or has authority over a child

 

regardless of the length of time that a child is cared for, in the

 

custody of, or subject to the authority of that person.

 

     (e) "Physical harm" means any injury to a child's physical

 

condition.

 

     (f) "Serious physical harm" means any physical injury to a

 

child that seriously impairs the child's health or physical well-

 

being, including, but not limited to, brain damage, a skull or bone

 

fracture, subdural hemorrhage or hematoma, dislocation, sprain,

 

internal injury, poisoning, burn or scald, or severe cut.

 

     (g) "Serious mental harm" means an injury to a child's mental

 

condition or welfare that is not necessarily permanent but results

 

in visibly demonstrable manifestations of a substantial disorder of

 

thought or mood which significantly impairs judgment, behavior,

 

capacity to recognize reality, or ability to cope with the ordinary

 

demands of life.

 

     (2) A person is guilty of child abuse in the first degree if

 

the person knowingly or intentionally causes serious physical harm

 

or serious mental harm to a child. Child abuse in the first degree

 

is a felony punishable by imprisonment for life or any term of

 

years.

 

     (3) A person is guilty of child abuse in the second degree if

 

any of the following apply:

 

     (a) The person's omission causes serious physical harm or

 

serious mental harm to a child or if the person's reckless act

 

causes serious physical harm or serious mental harm to a child.


     (b) The person knowingly or intentionally commits an act

 

likely to cause serious physical or mental harm to a child

 

regardless of whether harm results.

 

     (c) The person knowingly or intentionally commits an act that

 

is cruel to a child regardless of whether harm results.

 

     (d) The person or a licensee, as licensee is defined in

 

section 1 of 1973 PA 116, MCL 722.111, violates section 15(2) of

 

1993 PA 218, 1973 PA 116, MCL 722.125.

 

     (4) Child abuse in the second degree is a felony punishable by

 

imprisonment as follows:

 

     (a) For a first offense, not more than 10 years.

 

     (b) For a second or subsequent an offense following a prior

 

conviction, not more than 20 years.

 

     (5) A person is guilty of child abuse in the third degree if

 

any of the following apply:

 

     (a) The person knowingly or intentionally causes physical harm

 

to a child.

 

     (b) The person knowingly or intentionally commits an act that

 

under the circumstances poses an unreasonable risk of harm or

 

injury to a child, and the act results in physical harm to a child.

 

     (6) Child abuse in the third degree is a felony punishable by

 

imprisonment for not more than 2 years.as follows:

 

     (a) For a first offense, not more than 2 years.

 

     (b) For an offense following a prior conviction, not more than

 

5 years.

 

     (7) A person is guilty of child abuse in the fourth degree if

 

any of the following apply:


     (a) The person's omission or reckless act causes physical harm

 

to a child.

 

     (b) The person knowingly or intentionally commits an act that

 

under the circumstances poses an unreasonable risk of harm or

 

injury to a child, regardless of whether physical harm results.

 

     (8) Child abuse in the fourth degree is a crime punishable as

 

follows:

 

     (a) For a first offense, a misdemeanor punishable by

 

imprisonment for not more than 1 year.

 

     (b) For an offense following a prior conviction, a felony

 

punishable by imprisonment for not more than 2 years.

 

     (9) This section does not prohibit a parent or guardian, or

 

other person permitted by law or authorized by the parent or

 

guardian, from taking steps to reasonably discipline a child,

 

including the use of reasonable force.

 

     (10) It is an affirmative defense to a prosecution under this

 

section that the defendant's conduct involving the child was a

 

reasonable response to an act of domestic violence in light of all

 

the facts and circumstances known to the defendant at that time.

 

The defendant has the burden of establishing the affirmative

 

defense by a preponderance of the evidence. As used in this

 

subsection, "domestic violence" means that term as defined in

 

section 1 of 1978 PA 389, MCL 400.1501.

 

     (11) If the prosecuting attorney intends to seek an enhanced

 

sentence based upon the defendant having 1 or more prior

 

convictions, the prosecuting attorney shall include on the

 

complaint and information a statement listing the prior conviction


or convictions. The existence of the defendant's prior conviction

 

or convictions must be determined by the court, without a jury, at

 

sentencing or at a separate hearing for that purpose before

 

sentencing. The existence of a prior conviction may be established

 

by any evidence relevant for that purpose, including, but not

 

limited to, 1 or more of the following:

 

     (a) A copy of the judgment of conviction.

 

     (b) A transcript of a prior trial, plea-taking, or sentencing.

 

     (c) Information contained in a presentence report.

 

     (d) The defendant's statement.

 

     (12) As used in this section, "prior conviction" means a

 

violation of this section or a violation of a law of another state

 

substantially corresponding to this section.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

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