HB-4966, As Passed Senate, December 12, 2013

 

 

 

 

 

 

 

 

 

 

 

 

SENATE SUBSTITUTE

 

FOR HOUSE BILL NO. 4966

 

 

 

 

 

 

 

 

 

 

 

 

     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 or to determine whether an

 

employee of the court, law enforcement agency, department of

 

corrections, or prosecutor's office has violated his or her

 

conditions of employment or whether an applicant meets criteria for

 

employment with the court, law enforcement agency, department of

 

corrections, or prosecutor's office.

 

     (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.

 

     Enacting section 1. This amendatory act takes effect January

 

1, 2014.