Bill Text: MI HB6171 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Crimes; prostitution; references to prostitute and prostitution; modify in the child care organizations act. Amends sec. 5r of 1973 PA 116 (MCL 722.115r). TIE BAR WITH: HB 6169'18

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-08-15 - Bill Electronically Reproduced 06/12/2018 [HB6171 Detail]

Download: Michigan-2017-HB6171-Introduced.html

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HOUSE BILL No. 6171

 

 

June 12, 2018, Introduced by Reps. Chang, Sabo, Cochran, Lasinski, Guerra, Brinks, Geiss, Greig, Love, Green, Pagan, Yancey, Gay-Dagnogo, Wittenberg, Rabhi and Jones and referred to the Committee on Law and Justice.

 

     A bill to amend 1973 PA 116, entitled

 

"An act to provide for the protection of children through the

licensing and regulation of child care organizations; to provide

for the establishment of standards of care for child care

organizations; to prescribe powers and duties of certain

departments of this state and adoption facilitators; to provide

penalties; and to repeal acts and parts of acts,"

 

by amending section 5r (MCL 722.115r), as added by 2017 PA 256.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 5r. (1) An individual required to undergo a criminal

 

history check as described in section 5n is ineligible for that

 

application only, to receive a license, be an adult member of the

 

household, or be a child care staff member if the individual does

 

either of the following:

 

     (a) Refuses to consent to the criminal history check or

 

central registry check as required under section 5q.

     (b) Knowingly makes a materially false statement or knowingly

 

omits information in connection with a criminal history check or

 

central registry check as required under section 5q.

 

     (2) An individual required to undergo a database check as

 

required under section 5n(1)(a) who has a confirmed history of

 

disciplinary action or violations as outlined in section 11(5) and

 

(6) may be considered ineligible to receive a license, be an adult

 

member of the household, or be a child care staff member.

 

     (3) An individual required to undergo a criminal history check

 

as described in section 5n is ineligible to receive a license, be

 

an adult member of the household, or be a child care staff member

 

if the individual satisfies 1 or more of the following:

 

     (a) Is registered, or is required to be registered, on a state

 

sex offender registry or repository or the national sex offender

 

registry.

 

     (b) Has been convicted of a felony consisting of 1 or more of

 

the following or any other state or federal equivalent:

 

     (i) Murder or homicide.

 

     (ii) Child abuse or child neglect.

 

     (iii) A crime against a minor child, including, but not

 

limited to, child pornography.

 

     (iv) Spousal abuse or domestic violence.

 

     (v) A crime involving rape or sexual assault.

 

     (vi) Kidnapping.

 

     (vii) Arson.

 

     (viii) Physical assault or battery.

 

     (ix) Human trafficking or involuntary servitude.

     (c) Has been convicted of a violent misdemeanor against a

 

child, including, but not limited to, 1 or more of the following

 

crimes:

 

     (i) Child abuse.

 

     (ii) Child endangerment.

 

     (iii) Sexual assault.

 

     (d) Has been convicted of a misdemeanor involving child

 

pornography.

 

     (4) An individual required to undergo a criminal history check

 

as described in section 5n is ineligible to receive a license, be

 

an adult member of the household, or be a child care staff member

 

if the individual has been convicted of 1 or more of the following

 

felonies, an attempt or conspiracy to commit 1 or more of the

 

following felonies, or any other state or federal equivalent,

 

unless 10 years have lapsed since the conviction, before the date

 

of application or before the date a group child care home or family

 

child care home allows an individual to be an adult member of the

 

household, or a child care center, group child care home, or family

 

child care home allows an individual to be a child care staff

 

member:

 

     (a) A felony involving harm or threatened harm to an

 

individual.

 

     (b) A felony involving the use of a firearm or dangerous

 

weapon.

 

     (c) A felony involving cruelty or torture of any person.

 

     (d) A felony involving a substantial misrepresentation of any

 

material fact, bribery, fraud, larceny, embezzlement, theft, home

invasion, breaking and entering, receiving and concealing stolen

 

property or a crime of similar statute.

 

     (e) A felony involving operating a motor vehicle while

 

intoxicated or impaired causing serious injury or death.

 

     (f) A felony involving the use of a computer or the internet

 

to commit a crime.

 

     (g) A felony involving cruelty to animals, including, but not

 

limited to, fighting, killing, torturing, and abandoning.

 

     (h) A felony involving aggravated stalking, aggravated

 

indecent exposure, indecent exposure by a sexually delinquent

 

person, pandering, transporting an individual for prostitution,

 

commercial sex, and keeping, maintaining, or operating a house of

 

ill fame.

 

     (i) A felony as a habitual offender.

 

     (5) An individual required to undergo a criminal history check

 

as described in section 5n is ineligible to receive a license, be

 

an adult member of the household, or be a child care staff member

 

if the individual has been convicted of a felony drug offense, an

 

attempt or conspiracy to commit a felony drug offense, or any other

 

state or federal equivalent, unless 7 years have lapsed since the

 

conviction before the date of application or before the date a

 

group child care home or family child care home allows an

 

individual to be an adult member of the household or a child care

 

center, group child care home, or family child care home allows an

 

individual to be a child care staff member.

 

     (6) An individual required to undergo a criminal history check

 

as described in section 5n is ineligible to receive a license, be

an adult member of the household, or be a child care staff member

 

if the individual has been convicted of 1 or more of the following

 

misdemeanors, an attempt or conspiracy to commit any of those

 

misdemeanors, or any other state or federal equivalent, unless 5

 

years have lapsed since the conviction before the date of

 

application or before the date a group child care home or family

 

child care home allows an individual to be an adult member of the

 

household or a child care center, group child care home, or family

 

child care home allows an individual to be a child care staff

 

member:

 

     (a) A misdemeanor involving operating under the presence of a

 

controlled substance, use or possession of a controlled substance,

 

and selling or furnishing a controlled substance to a minor.

 

     (b) A misdemeanor involving using computers to commit a crime,

 

a substantial misrepresentation of a material fact, embezzlement,

 

breaking and entering, and any other fraudulent crime except retail

 

fraud in the third degree, petty theft, or shoplifting.

 

     (c) A misdemeanor involving stalking, assault, spousal abuse,

 

domestic violence, weapons offense, harboring runaways, aiding and

 

abetting, and arson.

 

     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. 6169 (request no.

 

02879'17) of the 99th Legislature is enacted into law.