Bill Text: MI HB4550 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Crimes; penalties; penalty for crime of fourth degree vulnerable adult abuse; revise. Amends sec. 145n of 1931 PA 328 (MCL 750.145n).
Spectrum: Strong Partisan Bill (Democrat 21-2)
Status: (Introduced - Dead) 2016-06-02 - Re-referred To Committee On Criminal Justice [HB4550 Detail]
Download: Michigan-2015-HB4550-Introduced.html
HOUSE BILL No. 4550
May 5, 2015, Introduced by Reps. Derek Miller, Lane, Chirkun, Dianda, Plawecki, Faris, Wittenberg, Schor, Rutledge, Guerra, Hovey-Wright, Lucido, Kesto, LaVoy, Liberati, Banks, Darany, Garrett, Dillon, Clemente, Phelps, Smiley and Brunner and referred to the Committee on Criminal Justice.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 145n (MCL 750.145n), as amended by 2004 PA 559.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 145n. (1) A caregiver is guilty of vulnerable adult abuse
in the first degree if the caregiver intentionally causes serious
physical harm or serious mental harm to a vulnerable adult.
Vulnerable adult abuse in the first degree is a felony punishable
by imprisonment for not more than 15 years or a fine of not more
than $10,000.00, or both.
(2) A caregiver or other person with authority over the
vulnerable adult is guilty of vulnerable adult abuse in the second
degree if the reckless act or reckless failure to act of the
caregiver or other person with authority over the vulnerable adult
causes serious physical harm or serious mental harm to a vulnerable
adult. Vulnerable adult abuse in the second degree is a felony
punishable by imprisonment for not more than 4 years or a fine of
not more than $5,000.00, or both.
(3) A caregiver is guilty of vulnerable adult abuse in the
third degree if the caregiver intentionally causes physical harm to
a vulnerable adult. Vulnerable adult abuse in the third degree is a
misdemeanor punishable by imprisonment for not more than 2 years or
a fine of not more than $2,500.00, or both.
(4) A caregiver or other person with authority over the
vulnerable adult is guilty of vulnerable adult abuse in the fourth
degree if the reckless act or reckless failure to act of the
caregiver or other person with authority over a vulnerable adult
causes
physical harm to a the vulnerable adult or the caregiver or
other person with authority over the vulnerable adult knowingly or
intentionally commits an act that under the circumstances poses an
unreasonable risk or harm or injury to a vulnerable adult,
regardless of whether physical harm results. Vulnerable adult abuse
in the fourth degree is a misdemeanor punishable by imprisonment
for not more than 1 year or a fine of not more than $1,000.00, or
both.
(5) This section does not prohibit a caregiver or other person
with authority over a vulnerable adult from taking reasonable
action to prevent a vulnerable adult from being harmed or from
harming others.
(6) This section does not apply to an act or failure to act
that is carried out as directed by a patient advocate under a
patient advocate designation executed in accordance with sections
5506 to 5515 of the estates and protected individuals code, 1998 PA
386, MCL 700.5506 to 700.5515.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
