Bill Text: MI SB0631 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Criminal procedure; probation; procedures for retention and use of nonpublic record of deferral for crime of taking or retaining child; revise, and limit number of deferral opportunities. Amends sec. 350a of 1931 PA 328 (MCL 750.350a).
Spectrum: Slight Partisan Bill (Republican 5-2)
Status: (Passed) 2012-12-31 - Assigned Pa 0548'12 2012 Addenda [SB0631 Detail]
Download: Michigan-2011-SB0631-Introduced.html
SENATE BILL No. 631
September 8, 2011, Introduced by Senators SCHUITMAKER, JONES, GLEASON, MARLEAU, BIEDA, PROOS and PAPPAGEORGE and referred to the Committee on Judiciary.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 350a (MCL 750.350a), as amended by 2004 PA 223.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 350a. (1) An adoptive or natural parent of a child shall
not take that child, or retain that child for more than 24 hours,
with the intent to detain or conceal the child from any other
parent or legal guardian of the child who has custody or parenting
time
rights pursuant to under a lawful court order at the time of
the taking or retention, or from the person or persons who have
adopted the child, or from any other person having lawful charge of
the child at the time of the taking or retention.
(2) A parent who violates subsection (1) is guilty of a
felony, punishable by imprisonment for not more than 1 year and 1
day, or a fine of not more than $2,000.00, or both.
(3) A parent who violates this section, upon conviction, in
addition to any other punishment, may be ordered to make
restitution to the other parent, legal guardian, the person or
persons who have adopted the child, or any other person having
lawful charge of the child for any financial expense incurred as a
result of attempting to locate and having the child returned.
(4) When a parent who has not been convicted previously of a
violation of section 349, 350, or this section, or under any
statute of the United States or of any state related to kidnapping,
pleads guilty to, or is found guilty of, a violation of this
section, the court, without entering a judgment of guilt and with
the consent of the accused parent, may defer further proceedings
and place the accused parent on probation with lawful terms and
conditions. The terms and conditions of probation may include
participation in a drug treatment court under chapter 10A of the
revised judicature act of 1961, 1961 PA 236, MCL 600.1060 to
600.1082.
600.1084. Upon a violation of a term or condition of
probation, the court may enter an adjudication of guilt and proceed
as otherwise provided. Upon fulfillment of the terms and conditions
of probation, the court shall discharge from probation and dismiss
the proceedings against the parent. Discharge and dismissal under
this subsection shall be without adjudication of guilt and is not a
conviction for purposes of disqualifications or disabilities
imposed by law upon conviction of a crime, including any additional
penalties imposed for second or subsequent convictions. The
department of state police shall retain a nonpublic record of an
arrest, diversion, and discharge and dismissal under this section.
This record shall be furnished to either or both of the following:
(a) To a court or police agency upon request for the purpose
of showing that a defendant in a criminal action has already
availed himself or herself of this subsection.
(b) To a court, police agency, or prosecutor upon request for
the purpose of determining whether the defendant in a criminal
action is eligible for discharge and dismissal of proceedings by a
drug treatment court under section 1076(4) of the revised
judicature act of 1961, 1961 PA 236, MCL 600.1076.
(5) It is a complete defense under this section if a parent
proves that his or her actions were taken for the purpose of
protecting the child from an immediate and actual threat of
physical or mental harm, abuse, or neglect.
