Bill Summary – FastDemocracy

HOUSE BILL NO. 5704
 May 07, 2024, Introduced by Reps. Beeler, Bezotte, Rigas and DeBoyer and referred to the
   Committee on Government Operations.
      A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending sections 81, 81a, 81d, 82, 83, 84, 85, 86, 87, 88, 89,
91, 110a, 111, 122, 136b, 145a, 145c, 159j, 174, 174a, 193, 195,
197c, 207, 213, 218, 224f, 227b, 234a, 317, 317a, 321, 349, 349b,
356, 356a, 356c, 356d, 357, 357b, 360, 362, 377a, 377b, 380, 383a,
411h, 411i, 411u, 451, 459, 479, 479a, 479b, 483a, 520b, 520c,
520d, 520e, 520g, 529, 529a, 530, 531, and 553 (MCL 750.81,
81a, 750.81d, 750.82, 750.83, 750.84, 750.85, 750.86, 750.87,
88, 750.89, 750.91, 750.110a, 750.111, 750.122, 750.136b,
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145a, 750.145c, 750.159j, 750.174, 750.174a, 750.193, 750.195,
197c, 750.207, 750.213, 750.218, 750.224f, 750.227b, 750.234a,
317, 750.317a, 750.321, 750.349, 750.349b, 750.356, 750.356a,
356c, 750.356d, 750.357, 750.357b, 750.360, 750.362, 750.377a,
377b, 750.380, 750.383a, 750.411h, 750.411i, 750.411u, 750.451,
459, 750.479, 750.479a, 750.479b, 750.483a, 750.520b, 750.520c,
520d, 750.520e, 750.520g, 750.529, 750.529a, 750.530, 750.531,
and 750.553), sections 81 and 81a as amended by 2023 PA 271,
section 81d as amended by 2006 PA 517, section 82 as amended by
PA 272, section 84 as amended by 2012 PA 367, section 85 as
added by 2005 PA 335, section 110a as amended by 1999 PA 44,
section 111 as amended by 2008 PA 10, section 122 as added by 2000
PA 452, section 136b as amended by 2020 PA 49, section 145a as
amended by 2002 PA 45, section 145c as amended by 2018 PA 373,
section 159j as amended by 2006 PA 129, section 174 as amended by
PA 173, section 174a as amended by 2013 PA 34, section 193 as
amended by 1998 PA 510, section 195 as amended by 1987 PA 212,
section 197c as amended by 2006 PA 535, sections 207 and 520b as
amended by 2014 PA 23, section 218 as amended by 2011 PA 201,
section 224f as amended by 2023 PA 201, section 227b as amended by
PA 26, section 234a as amended by 2014 PA 191, section 317a as
added by 2005 PA 167, section 349 as amended by 2014 PA 330,
section 349b as added by 2006 PA 160, section 356 as amended by
PA 217, section 356a as amended by 2008 PA 476, sections 356c
and 356d as amended by 1998 PA 311, section 357b as added by 1990
PA 321, sections 377a, 380, and 411h as amended by 2023 PA 199,
section 383a as amended by 2008 PA 413, section 411i as amended by
PA 65, section 411u as added by 2008 PA 564, section 451 as
amended by 2016 PA 338, section 459 as amended by 2016 PA 485,
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     section 479 as amended by 2002 PA 270, section 479a as amended by
PA 60, section 479b as added by 1994 PA 33, section 483a as
     amended by 2023 PA 49, section 520c as amended by 2012 PA 372,
     sections 520d and 520e as amended by 2023 PA 126, section 529 as
     amended by 2020 PA 313, sections 529a and 530 as amended by 2004 PA
     128, and section 553 as added by 2014 PA 224; and to repeal acts
     and parts of acts.
                  THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
       Sec. 81. (1) Except as otherwise provided in this section, a
 person who assaults or assaults and batters an individual, if no
 other punishment is prescribed by law, is guilty of a misdemeanor
 punishable by felony. The court shall sentence the person to
 imprisonment for not more less than 93 days 1 year or more than
 life or any term of years and may impose a fine of not more than
 $500.00, or both. If the victim of a violation under this
 subsection is a health professional or medical volunteer and the
 violation occurs while the victim is performing the victim's duties
 as a health professional or medical volunteer, the person is guilty
 of a misdemeanor punishable by imprisonment for not more than 93
 days or a fine of not more than $1,000.00, or both. The enhanced
 fine under this subsection does not apply if the defendant is a
 patient who is receiving treatment from the victim.
       (2) Except as provided in subsection (3), (4), or (5), an
 individual who assaults or assaults and batters the individual's
 spouse or former spouse, an individual with whom the individual has
 or has had a dating relationship, an individual with whom the
 individual has had a child in common, or a resident or former
 resident of the individual's household, is guilty of a misdemeanor
 punishable by felony. The court shall sentence the person to
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 imprisonment for not more less than 93 days 4 years or more than
 life or any term of years and may impose a fine of not more than
 $500.00, or both.
       (3) An individual who assaults or assaults and batters an
 individual who is pregnant and who knows the individual is pregnant
 is guilty of a misdemeanor punishable by felony. The court shall
 sentence the person to imprisonment for not more less than 93 days
 2 years or more than life or any term of years and may impose a
 fine of not more than $500.00, or both.
       (4) An individual who commits an assault or an assault and
 battery in violation of subsection (2) or (3), and who has
 previously been convicted of assaulting or assaulting and battering
 an individual described in either subsection (2) or subsection (3)
 under any of the following, is guilty of a misdemeanor punishable
 by imprisonment felony. The court shall sentence the person to
 imprisonment for not more less than 1 year 2 years and 6 months or
 more than life or any term of years and may impose a fine of not
 more than $1,000.00, or both:
       (a) This section or an ordinance of a political subdivision of
 this state substantially corresponding to this section.
       (b) Section 81a, 82, 83, 84, or 86.
       (c) A law of another state or an ordinance of a political
 subdivision of another state substantially corresponding to this
 section or section 81a, 82, 83, 84, or 86.
       (5) An individual who commits an assault or an assault and
 battery in violation of subsection (2) or (3), and who has 2 or
 more previous convictions for assaulting or assaulting and
 battering an individual described in either subsection (2) or
 subsection (3) under any of the following, is guilty of a felony.
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 punishable by The court shall sentence the person to imprisonment
 for not more less than 5 years 1 year or more than life or any term
 of years and may impose a fine of not more than $5,000.00, or both:
       (a) This section or an ordinance of a political subdivision of
 this state substantially corresponding to this section.
       (b) Section 81a, 82, 83, 84, or 86.
       (c) A law of another state or an ordinance of a political
 subdivision of another state substantially corresponding to this
 section or section 81a, 82, 83, 84, or 86.
       (6) This section does not apply to an individual using
 necessary reasonable physical force in compliance with section 1312
 of the revised school code, 1976 PA 451, MCL 380.1312.
       (7) The operator of a health facility or agency or a hospital
 or psychiatric hospital shall post a sign in the health facility or
 agency or hospital or psychiatric hospital in a prominent and
 visible location that provides that a person, other than a patient
 receiving treatment, who assaults a health professional or medical
 volunteer in violation of this section is subject to the enhanced
 fine provided for in this section and that a patient receiving
 treatment who assaults a health professional or medical volunteer
 may still be subject to prosecution under this section.
       (8) As used in this section:
       (a) "Dating relationship" means frequent, intimate
 associations primarily characterized by the expectation of
 affectional involvement. This term does not include a casual
 relationship or an ordinary fraternization between 2 individuals in
 a business or social context.
       (b) "Health facility or agency" means a health facility or
 agency licensed under article 17 of the public health code, 1978 PA
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 368, MCL 333.20101 to 333.22260.
       (c) "Health professional" means an individual who is employed
 or granted privileges by or under contract with a hospital or
 psychiatric hospital, health facility or agency, health system, or
 health care provider, whether operated by a governmental unit or a
 private entity, and whose duties within the scope of that
 employment, privilege, or contract involve the provision of direct
 patient care and require licensure, registration, certification, or
 other regulation or authorization under the public health code,
 1978 PA 368, MCL 333.1101 to 333.25211, or who is providing
 indirect patient care under the direction of a hospital or
 psychiatric hospital, health facility or agency, health system, or
 health care provider.
       (d) "Hospital or psychiatric hospital" means a hospital or
 psychiatric hospital licensed under the mental health code, 1974 PA
 258, MCL 330.1001 to 330.2106.
       (e) "Medical volunteer" means an individual who is
 volunteering at a hospital or psychiatric hospital, health facility
 or agency, in a health system, or with a health care provider,
 whether operated by a governmental unit or a private entity, and
 whose duties as a volunteer involve the provision of direct patient
 care, or who is providing indirect patient care under the direction
 of a hospital or psychiatric hospital, health facility or agency,
 health system, or health care provider.
       Sec. 81a. (1) Except as otherwise provided in this section, a
 person who assaults an individual without a weapon and inflicts
 serious or aggravated injury upon that individual without intending
 to commit murder or to inflict great bodily harm less than murder
 is guilty of a misdemeanor punishable by felony. The court shall
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 sentence the person to imprisonment for not more less than 1 year 2
 years or more than life or any term of years and may impose a fine
 of not more than $1,000.00, or both. If the victim of a violation
 under this subsection is a health professional or medical volunteer
 and the violation occurs while the victim is performing the
 victim's duties as a health professional or medical volunteer, the
 person is guilty of a misdemeanor punishable by imprisonment for
 not more than 1 year or a fine of not more than $2,000.00, or both.
 The enhanced fine under this subsection does not apply if the
 defendant is a patient who is receiving treatment from the victim.
       (2) Except as provided in subsection (3), an individual who
 assaults the individual's spouse or former spouse, an individual
 with whom the individual has or has had a dating relationship, an
 individual with whom the individual has had a child in common, or a
 resident or former resident of the same household without a weapon
 and inflicts serious or aggravated injury upon that individual
 without intending to commit murder or to inflict great bodily harm
 less than murder is guilty of a misdemeanor punishable by felony.
 The court shall sentence the person to imprisonment for not more
 less than 1 year 2 years or more than life or any term of years and
 may impose a fine of not more than $1,000.00, or both.
       (3) An individual who commits an assault and battery in
 violation of subsection (2), and who has 1 or more previous
 convictions for assaulting or assaulting and battering the
 individual's spouse or former spouse, an individual with whom the
 individual has or has had a dating relationship, an individual with
 whom the individual has had a child in common, or a resident or
 former resident of the same household, in violation of any of the
 following, is guilty of a felony punishable by and the court shall
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 sentence the person to imprisonment for not more less than 5 10
 years or more than life or any term of years and may impose a fine
 of not more than $5,000.00, or both:
       (a) This section or an ordinance of a political subdivision of
 this state substantially corresponding to this section.
       (b) Section 81, 82, 83, 84, or 86.
       (c) A law of another state or an ordinance of a political
 subdivision of another state substantially corresponding to this
 section or section 81, 82, 83, 84, or 86.
       (4) The operator of a health facility or agency or a hospital
 or psychiatric hospital shall post a sign in the health facility or
 agency or hospital or psychiatric hospital in a prominent and
 visible location that provides that a person, other than a patient
 receiving treatment, who assaults a health professional or medical
 volunteer in violation of this section is subject to the enhanced
 fine provided for in this section and that a patient receiving
 treatment who assaults a health professional or medical volunteer
 may still be subject to prosecution under this section.
       (5) As used in this section:
       (a) "Dating relationship" means frequent, intimate
 associations primarily characterized by the expectation of
 affectional involvement. This term does not include a casual
 relationship or an ordinary fraternization between 2 individuals in
 a business or social context.
       (b) "Health facility or agency" means a health facility or
 agency licensed under article 17 of the public health code, 1978 PA
 368, MCL 333.20101 to 333.22260.
       (c) "Health professional" means an individual who is employed
 or granted privileges by or under contract with a hospital or
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 psychiatric hospital, health facility or agency, health system, or
 health care provider, whether operated by a governmental unit or a
 private entity, and whose duties within the scope of that
 employment, privilege, or contract involve the provision of direct
 patient care and require licensure, registration, certification, or
 other regulation or authorization under the public health code,
 1978 PA 368, MCL 333.1101 to 333.25211, or who is providing
 indirect patient care under the direction of a hospital or
 psychiatric hospital, health facility or agency, health system, or
 health care provider.
       (d) "Hospital or psychiatric hospital" means a hospital or
 psychiatric hospital licensed under the mental health code, 1974 PA
 258, MCL 330.1001 to 330.2106.
       (e) "Medical volunteer" means an individual who is
 volunteering at a hospital or psychiatric hospital, health facility
 or agency, in a health system, or with a health care provider,
 whether operated by a governmental unit or a private entity, and
 whose duties as a volunteer involve the provision of direct patient
 care, or who is providing indirect patient care under the direction
 of a hospital or psychiatric hospital, health facility or agency,
 health system, or health care provider.
       Sec. 81d. (1) Except as provided in subsections (2), (3), and
 (4), an individual who assaults, batters, wounds, resists,
 obstructs, opposes, or endangers a person who the individual knows
 or has reason to know is performing his or her duties is guilty of
 a felony. punishable by The court shall sentence the person to
 imprisonment for not more less than 2 years or more than life or
 any term of years and may impose a fine of not more than $2,000.00,
 or both.
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       (2) An individual who assaults, batters, wounds, resists,
 obstructs, opposes, or endangers a person who the individual knows
 or has reason to know is performing his or her duties causing a
 bodily injury requiring medical attention or medical care to that
 person is guilty of a felony. punishable by The court shall
 sentence the person to imprisonment for not more less than 4 years
 or more than life or any term of years and may impose a fine of not
 more than $5,000.00, or both.
       (3) An individual who assaults, batters, wounds, resists,
 obstructs, opposes, or endangers a person who the individual knows
 or has reason to know is performing his or her duties causing a
 serious impairment of a body function of that person is guilty of a
 felony. punishable by The court shall sentence the person to
 imprisonment for not more less than 15 8 years or more than life or
 any term of years and may impose a fine of not more than
 $10,000.00, or both.
       (4) An individual who assaults, batters, wounds, resists,
 obstructs, opposes, or endangers a person who the individual knows
 or has reason to know is performing his or her duties causing the
 d