Bill Text: MI HB4966 | 2013-2014 | 97th Legislature | Engrossed
Bill Title: Law enforcement; law enforcement information network (LEIN); access to law enforcement information network (LEIN); revise Michigan penal code to allow for department of corrections under certain circumstances. Amends sec. 350a of 1931 PA 328 (MCL 750.350a).
Spectrum: Partisan Bill (Republican 4-0)
Status: (Passed) 2013-12-31 - Assigned Pa 220'13 With Immediate Effect 2013 Addenda [HB4966 Detail]
Download: Michigan-2013-HB4966-Engrossed.html
HB-4966, As Passed House, October 17, 2013
HOUSE BILL No. 4966
September 12, 2013, Introduced by Reps. Nesbitt, Heise, O'Brien and Cotter and referred to the Committee on Judiciary.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 350a (MCL 750.350a), as amended by 2012 PA 548.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 350a. (1) An adoptive or natural parent of a child shall
not take that child, or retain that child for more than 24 hours,
with the intent to detain or conceal the child from any other
parent or legal guardian of the child who has custody or parenting
time rights under a lawful court order at the time of the taking or
retention, or from the person or persons who have adopted the
child, or from any other person having lawful charge of the child
at the time of the taking or retention.
(2) A parent who violates subsection (1) is guilty of a
felony, punishable by imprisonment for not more than 1 year and 1
day, or a fine of not more than $2,000.00, or both.
(3) A parent who violates this section, upon conviction, in
addition to any other punishment, may be ordered to make
restitution to the other parent, legal guardian, the person or
persons who have adopted the child, or any other person having
lawful charge of the child for any financial expense incurred as a
result of attempting to locate and having the child returned.
(4) When a parent who has not been convicted previously of a
violation of section 349, 350, or this section, or under any
statute of the United States or of any state related to kidnapping,
pleads guilty to, or is found guilty of, a violation of this
section, the court, without entering a judgment of guilt and with
the consent of the accused parent, may defer further proceedings
and place the accused parent on probation with lawful terms and
conditions. The terms and conditions of probation may include
participation in a drug treatment court under chapter 10A of the
revised judicature act of 1961, 1961 PA 236, MCL 600.1060 to
600.1084. Upon a violation of a term or condition of probation, the
court may enter an adjudication of guilt and proceed as otherwise
provided. Upon fulfillment of the terms and conditions of
probation, the court shall discharge from probation and dismiss the
proceedings against the parent. Discharge and dismissal under this
subsection shall be without adjudication of guilt and is not a
conviction for purposes of disqualifications or disabilities
imposed by law upon conviction of a crime, including any additional
penalties imposed for second or subsequent convictions. There may
be
only 1 discharge and dismissal under the this section as to an
individual.
(5) All court proceedings under this section shall be open to
the public. Except as provided in subsection (6), if the record of
proceedings as to the defendant is deferred under this section, the
record of proceedings during the period of deferral shall be closed
to public inspection.
(6) Unless the court enters a judgment of guilt under this
section, the department of state police shall retain a nonpublic
record of the arrest, court proceedings, and disposition of the
criminal charge under this section. However, the nonpublic record
shall be open to the following individuals and entities for the
purposes noted:
(a) The courts of this state, law enforcement personnel, the
department of corrections, and prosecuting attorneys for use only
in the performance of their duties.
(b) The courts of this state, law enforcement personnel, and
prosecuting attorneys for the purpose of showing either of the
following:
(i) That a defendant has already once availed himself or
herself of this section.
(ii) Determining whether the defendant in a criminal action is
eligible for discharge and dismissal of proceedings by a drug
treatment court under section 1076(5) of the revised judicature act
of 1961, 1961 PA 236, MCL 600.1076.
(c)
The department of corrections for ascertaining
preemployment
criminal history or to determine whether a department
of
corrections employee has violated conditions of employment.
(c) (d)
The department of human services
for enforcing child
protection laws and vulnerable adult protection laws or
ascertaining the preemployment criminal history of any individual
who will be engaged in the enforcement of child protection laws or
vulnerable adult protection laws.
(7) It is a complete defense under this section if a parent
proves that his or her actions were taken for the purpose of
protecting the child from an immediate and actual threat of
physical or mental harm, abuse, or neglect.
