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.

feedback