Bill Text: MI HB5205 | 2021-2022 | 101st Legislature | Introduced


Bill Title: Criminal procedure: evidence; certain references in presumption of coercion by husband; make gender neutral. Amends title & sec. 1 of 1935 PA 85 (MCL 780.401). TIE BAR WITH: HJR J'21

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-07-14 - Bill Electronically Reproduced 07/01/2021 [HB5205 Detail]

Download: Michigan-2021-HB5205-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL NO. 5205

July 01, 2021, Introduced by Rep. Rabhi and referred to the Committee on Government Operations.

A bill to amend 1935 PA 85, entitled

"An act to abrogate the common law rule raising a presumption that a married woman committing an offense does so under coercion because she commits it in the presence of her husband,"

by amending the title and section 1 (MCL 780.401), as amended by 1990 PA 220.

the people of the state of michigan enact:

TITLE

An act to abrogate the common law rule raising a presumption that a married woman committing an offense does so under coercion because if she commits it the offense in the presence of her husband.spouse.

Sec. 1. In the prosecution of any a complaint or indictment charging a criminal offense, there is no presumption shall be indulged that a married woman committing an offense in the presence of her spouse does so under because of the coercion because she commits it in the presence of her husband.of her spouse.

Enacting section 1. This amendatory act does not take effect unless Senate Joint Resolution ____ or House Joint Resolution ____ (request no. 02344'21) of the 101st Legislature becomes a part of the state constitution of 1963 as provided in section 1 of article XII of the state constitution of 1963.

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