Bill Text: MI SB0874 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Children; child abuse or child neglect; failure to report suspected child abuse or neglect; increase penalties.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2018-05-29 - Laid Over One Day Under The Rules [SB0874 Detail]
Download: Michigan-2017-SB0874-Engrossed.html
SB-0874, As Passed House, May 24, 2018
HOUSE SUBSTITUTE FOR
SENATE BILL NO. 874
A bill to amend 1975 PA 238, entitled
"Child protection law,"
by amending section 13 (MCL 722.633), as amended by 2002 PA 14.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 13. (1) A person who is required by this act to report an
instance of suspected child abuse or child neglect and who fails to
do so is civilly liable for the damages proximately caused by the
failure.
(2) A person who is required by this act to report an instance
of suspected child abuse or child neglect and who knowingly fails
to
do so report is guilty of a misdemeanor punishable by
imprisonment for not more than 93 days or a fine of not more than
$500.00, or both.
(3) If a person described in subsection (2) commits a second
offense as described in subsection (2), the person is guilty of a
misdemeanor punishable by imprisonment for not more than 1 year or
a fine or not more than $5,000.00, or both.
(4) If a person described in subsection (2) commits a third or
subsequent offense as described in subsection (2), the person is
guilty of a felony punishable by imprisonment for not more than 4
years or a fine of not more than $15,000.00, or both.
(5) If the prosecuting attorney intends to seek an enhanced
sentence under subsection (3) or (4) based upon the defendant
having 1 or more prior convictions, the prosecuting attorney shall
include on the complaint and information a statement listing the
prior conviction or convictions. The existence of the defendant's
prior conviction or convictions shall be determined by the court,
without a jury, at sentencing or at a separate hearing for that
purpose before sentencing. The existence of a prior conviction may
be established by any evidence relevant for that purpose,
including, but not limited to, 1 or more of the following:
(a) A copy of the judgment of conviction.
(b) A transcript of a prior trial, plea-taking, or sentencing.
(c) Information contained in a presentence report.
(d) The defendant's statement.
(6) If the sentence for a conviction under this section is
enhanced by 1 or more convictions, those prior convictions shall
not be used to further enhance the sentence for the conviction
under section 10, 11, or 12 of chapter IX of the code of criminal
procedure, 1927 PA 175, MCL 769.10, 769.11, and 769.12.
(7) (3)
Except as provided in section 7, a
person who
disseminates, or who permits or encourages the dissemination of,
information contained in the central registry and in reports and
records made as provided in this act is guilty of a misdemeanor
punishable by imprisonment for not more than 93 days or a fine of
not more than $100.00, or both, and is civilly liable for the
damages proximately caused by the dissemination.
(8) (4)
A person who willfully maintains a
report or record
required to be expunged under section 7 is guilty of a misdemeanor
punishable by imprisonment for not more than 93 days or a fine of
not more than $100.00, or both.
(9) (5)
A person who intentionally makes a
false report of
child abuse or child neglect under this act knowing that the report
is false is guilty of a crime as follows:
(a) If the child abuse or child neglect reported would not
constitute a crime or would constitute a misdemeanor if the report
were true, the person is guilty of a misdemeanor punishable by
imprisonment for not more than 93 days or a fine of not more than
$100.00, or both.
(b) If the child abuse or child neglect reported would
constitute a felony if the report were true, the person is guilty
of a felony punishable by the lesser of the following:
(i) The penalty for the child abuse or child neglect falsely
reported.
(ii) Imprisonment for not more than 4 years or a fine of not
more than $2,000.00, or both.
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. 880 of the 99th Legislature is enacted into
law.