Bill Text: MI HB5028 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Criminal procedure; sentencing; assaulting elder or vulnerable adults; modify certain penalties. Amends heading of ch. XXA of 1931 PA 328 (MCL 750.1 - 750.568) & adds sec. 145s. TIE BAR WITH: HB 5032'17
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-09-28 - Bill Electronically Reproduced 09/27/2017 [HB5028 Detail]
Download: Michigan-2017-HB5028-Introduced.html
HOUSE BILL No. 5028
September 27, 2017, Introduced by Reps. Farrington, Green, Schor, Sabo, Peterson, Yanez, Brann, Sowerby, Hughes, Lucido, Pagan, Maturen, Wittenberg, Ellison, Noble, Liberati, Chang, Yaroch, Lasinski, Geiss, Camilleri, Kesto and Jones and referred to the Committee on Law and Justice.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
(MCL 750.1 to 750.568) by amending the heading of chapter XXA and
by adding section 145s.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER XXA
VULNERABLE ADULTS AND ELDER ADULTS
Sec. 145s. (1) Except as otherwise provided in this section, a
person who assaults another person that he or she knows or
reasonably should know is an elder adult or vulnerable adult is
guilty of a misdemeanor punishable by imprisonment for not more
than 1 year or a fine of up to $1,000.00, or both.
(2) If a violation of subsection (1) causes physical injury,
pain, or mental suffering, the person is guilty of a felony
punishable by imprisonment for not more than 4 years or a fine of
not more than $5,000.00, or both.
(3) If a violation of subsection (1) causes serious impairment
of a body function, the person is guilty of a felony punishable by
imprisonment for not more than 15 years or a fine of not more than
$10,000.00, or both.
(4) If a violation of subsection (1) causes the death of the
other person, the person is guilty of a felony punishable by
imprisonment for not more than 25 years or a fine of not more than
$25,000.00, or both.
(5) A person who restrains an elder adult or a vulnerable
adult by the use of violence, menace, fraud, or deceit is guilty of
a felony punishable by imprisonment for not more than 4 years or a
fine of not more than $5,000.00, or both.
(6) This section does not prohibit a person from being charged
with, convicted of, or punished for any other violation of law
arising out of the same transaction as the violation of this
section.
(7) The court may order a term of imprisonment imposed for a
violation of this section to be served consecutively to a term of
imprisonment imposed for any other crime, including any other
violation of law arising out of the same transaction as the
violation of this section.
(8) As used in this section:
(a) "Elder adult" means a person who is 65 years of age or
older.
(b) "Restrains" means to restrict a person's movements or to
confine the person so as to interfere with that person's liberty
without that person's consent or without legal authority. The
restraint does not have to exist for any particular length of time
and may be related or incidental to the commission of other
criminal acts.
(c) "Serious impairment of a body function" means that term as
defined in section 58c of the Michigan vehicle code, 1949 PA 300,
MCL 257.58c.
(9) If a local area agency on aging becomes aware of a
violation of this section, the local area agency on aging shall
promptly report the violation to the department of health and human
services.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No.____ (request no.
00800'17 *) of the 99th Legislature is enacted into law.
