Bill Text: MI HB6041 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Crimes; assaultive; assault and battery of department of health and human services employees and home health care workers; increase penalties. Amends sec. 81c of 1931 PA 328 (MCL 750.81c).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-05-22 - Bill Electronically Reproduced 05/17/2018 [HB6041 Detail]
Download: Michigan-2017-HB6041-Introduced.html
HOUSE BILL No. 6041
May 17, 2018, Introduced by Reps. Yanez, Faris, Green, Gay-Dagnogo, Hertel, Sowerby, Hornberger, Marino, Elder and Lucido and referred to the Committee on Law and Justice.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 81c (MCL 750.81c), as added by 2001 PA 22.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 81c. (1) A person who communicates to any person a threat
that he or she will physically harm an individual who the person
knows or has reason to know is performing his or her duties as an
employee
of the family independence agency and department of health
and human services or as a home health care worker, or who does so
because
of the individual's status as an a department of health and
human
services employee of that agency or as a home health care
worker, is guilty of a misdemeanor punishable by imprisonment for
not more than 1 year or a fine of not more than $1,000.00, or both.
(2) Except as otherwise provided in this section, a person who
assaults or assaults and batters an individual who the person knows
or has reason to know is performing his or her duties as an
employee of the department of health and human services or as a
home health care worker, or who does so because of the individual's
status as a department of health and human services employee or as
a home health care worker, is guilty of a felony punishable by
imprisonment for not more than 2 years or a fine of not more than
$2,000.00, or both.
(3) (2)
Except as otherwise provided in subsection (3), this
section, a person who assaults or assaults and batters an
individual
while the individual who the
person knows or has reason
to know is performing his or her duties as an employee of the
family
independence agency department
of health and human services
or as a home health care worker, or who does so because of the
individual's
status as an a department
of health and human services
employee
of that agency and causes the individual or as a home
health
care worker, causing any physical bodily injury
requiring
medical attention or medical care is guilty of a felony punishable
by
imprisonment for not more than 2 4 years or a fine of not
more
than
$1,000.00, $5,000.00, or both.
(4) (3)
A Except as otherwise
provided in this section, a
person
who assaults or assaults and batters an individual while the
individual
who the
person knows or has reason to know is
performing
his
or her duties as an employee of the family independence agency
department of health and human services or as a home health care
worker, or who
does so because of the individual's
status as an a
department
of health and human services employee of
that agency and
causes
or as a home health care
worker, causing the individual
serious impairment of body function is guilty of a felony
punishable
by imprisonment for not more than 5 15 years or a fine
of
not less than $1,000.00 or more than $5,000.00, $10,000.00, or
both.
(5) A person who assaults or assaults and batters an
individual who the person knows or has reason to know is performing
his or her duties as an employee of the department of health and
human services or as a home health care worker, or who does so
because of the individual's status as a department of health and
human services employee or as a home health care worker, causing
the death of that individual is guilty of a felony punishable by
imprisonment for not more than 20 years or a fine of not more than
$20,000.00, or both.
(6) (4)
A conviction or sentence imposed
for a violation of
this section does not preclude a charge, conviction, or sentence
for
a violation of any other applicable law that is committed by
that person while violating this section.
(7) A term of imprisonment imposed for a violation of this
section may run consecutively to any term of imprisonment imposed
for another violation arising from the same transaction.
(8) (5)
As used in this section: ,
"serious
(a) "Home health care worker" means an individual who, as a
condition of his or her employment, performs duties related to
physical health or psychological health, or both, of a client,
patient, or consumer while inside the residence of the client,
patient, or consumer.
(b) "Serious impairment of body function" means that phrase as
defined
in section 625(5) 58c of the Michigan vehicle code, 1949 PA
300,
MCL 257.625.257.58c.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.