Bill Text: MI HB5078 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Crimes; crimes against minors; child abuse penalties; enhance, and provide penalties for crimes involving the commission of child abuse in the presence of another child. Amends sec. 136b of 1931 PA 328 (MCL 750.136b) & adds sec. 136d.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-10-18 - Printed Bill Filed 10/14/2011 [HB5078 Detail]
Download: Michigan-2011-HB5078-Introduced.html
HOUSE BILL No. 5078
October 13, 2011, Introduced by Rep. Scott and referred to the Committee on Judiciary.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 136b (MCL 750.136b), as amended by 2008 PA 577,
and by adding section 136d.
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 or
serious mental harm to a child. Child abuse in the first degree is
a
felony punishable by imprisonment for not more than 15 years. as
follows:
(a) For a first offense, life or any term of years, but not
less than 5 years.
(b) For a second or subsequent offense, life or any term of
years, but not less than 10 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.
(4) Child abuse in the second degree is a felony punishable by
imprisonment
for not more than 4 years. as
follows:
(a) For a first offense, not less than 2 years or more than 10
years.
(b) For a second or subsequent offense, not less than 4 years
or 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.
(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 misdemeanor
punishable by imprisonment for not more than 1 year.
(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.
Sec. 136d. (1) A person who violates section 136b in the
presence of a child other than the child who is the victim of the
violation is guilty of a felony punishable as follows:
(a) Except as provided in subdivision (b), if the person
violates section 136b(2) in the presence of another child, by
imprisonment for life or any term of years, but not less than 5
years.
(b) If the person violates section 136b(2) in the presence of
another child on a second or subsequent occasion, by imprisonment
for life or any term of years, but not less than 10 years.
(c) Except as provided in subdivision (d), if the person
violates section 136b(4) in the presence of another child, by
imprisonment for not less than 2 years or more than 10 years.
(d) If the person violates section 136b(4) in the presence of
another child on a second or subsequent occasion, by imprisonment
for 4 years, but not less than 20 years.
(e) If the person violates section 136b(6) in the presence of
another child, by imprisonment for not more than 2 years.
(2) A charge and conviction under this section do not prohibit
a person from being charged with, convicted of, or sentenced for
any other violation of law arising out of the same transaction as
the violation of this section.
Enacting section 1. This amendatory act shall be known and may
be cited as "Dominic's Law".
