HOUSE BILL NO. 6009
September 26, 2024, Introduced by Reps. Young, Rogers, Price, Hope, Breen, Brabec, Miller,
Edwards, McKinney, Neeley, MacDonell, Byrnes, Brenda Carter, O'Neal and Aiyash and
referred to the Committee on Judiciary.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending sections 81, 81a, 136b, 520b, 520c, 520d, 520e, and
520g (MCL 750.81, 750.81a, 750.136b, 750.520b, 750.520c, 750.520d,
750.520e, and 750.520g), sections 81 and 81a as amended by 2023 PA
271, section 136b as amended by 2020 PA 49, section 520b as amended
by 2014 PA 23, section 520c as amended by 2012 PA 372, and sections
520d and 520e as amended by 2023 PA 126.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 81. (1) Except as otherwise provided in this section, a
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1 person who assaults or assaults and batters an individual, if no
2 other punishment is prescribed by law, is guilty of a misdemeanor
3 punishable by imprisonment for not more than 93 days or a fine of
4 not more than $500.00, or both. If the victim of a violation under
5 this subsection is a health professional or medical volunteer and
6 the violation occurs while the victim is performing the victim's
7 duties as a health professional or medical volunteer, the person is
8 guilty of a misdemeanor punishable by imprisonment for not more
9 than 93 days or a fine of not more than $1,000.00, or both. The
10 enhanced fine under this subsection does not apply if the defendant
11 is a patient who is receiving treatment from the victim.
12 (2) Except as provided in subsection (3), (4), or (5), an
13 individual who assaults or assaults and batters the individual's
14 spouse or former spouse, an individual with whom the individual has
15 or has had a dating relationship, an individual with whom the
16 individual has had a child in common, or a resident or former
17 resident of the individual's household, is guilty of a misdemeanor
18 punishable by imprisonment for not more than 93 days or a fine of
19 not more than $500.00, or both.
20 (3) An individual who assaults or assaults and batters an
21 individual who is pregnant and who knows the individual is pregnant
22 is guilty of a misdemeanor punishable by imprisonment for not more
23 than 93 days or a fine of not more than $500.00, or both.
24 (4) An individual who commits an assault or an assault and
25 battery in violation of subsection (2) or (3), and who has
26 previously been convicted of assaulting or assaulting and battering
27 an individual described in either subsection (2) or subsection (3)
28 under any of the following, is guilty of a misdemeanor punishable
29 by imprisonment for not more than 1 year or a fine of not more than
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1 $1,000.00, or both:
2 (a) This section or an ordinance of a political subdivision of
3 this state substantially corresponding to this section.
4 (b) Section 81a, 82, 83, 84, or 86.
5 (c) A law of another state or an ordinance of a political
6 subdivision of another state substantially corresponding to this
7 section or section 81a, 82, 83, 84, or 86.
8 (5) An individual who commits an assault or an assault and
9 battery in violation of subsection (2) or (3), and who has 2 or
10 more previous convictions for assaulting or assaulting and
11 battering an individual described in either subsection (2) or
12 subsection (3) under any of the following, is guilty of a felony
13 punishable by imprisonment for not more than 5 years or a fine of
14 not more than $5,000.00, or both:
15 (a) This section or an ordinance of a political subdivision of
16 this state substantially corresponding to this section.
17 (b) Section 81a, 82, 83, 84, or 86.
18 (c) A law of another state or an ordinance of a political
19 subdivision of another state substantially corresponding to this
20 section or section 81a, 82, 83, 84, or 86.
21 (6) This section does not apply to an individual using
22 necessary reasonable physical force in compliance with section 1312
23 of the revised school code, 1976 PA 451, MCL 380.1312.
24 (7) The operator of a health facility or agency or a hospital
25 or psychiatric hospital shall post a sign in the health facility or
26 agency or hospital or psychiatric hospital in a prominent and
27 visible location that provides that a person, other than a patient
28 receiving treatment, who assaults a health professional or medical
29 volunteer in violation of this section is subject to the enhanced
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1 fine provided for in this section and that a patient receiving
2 treatment who assaults a health professional or medical volunteer
3 may still be subject to prosecution under this section.
4 (8) In a prosecution for assaulting or assaulting and
5 battering an individual described under subsection (2), expert
6 testimony is not admissible unless the proposed expert witness
7 possesses demonstrated expertise and experience in working with
8 victims of domestic violence.
9 (9) (8) As used in this section:
10 (a) "Dating relationship" means frequent, intimate
11 associations primarily characterized by the expectation of
12 affectional involvement. This term does not include a casual
13 relationship or an ordinary fraternization between 2 individuals in
14 a business or social context.
15 (b) "Domestic violence" means that term as defined in section
16 1 of 1978 PA 389, MCL 400.1501.
17 (c) (b) "Health facility or agency" means a health facility or
18 agency licensed under article 17 of the public health code, 1978 PA
19 368, MCL 333.20101 to 333.22260.
20 (d) (c) "Health professional" means an individual who is
21 employed or granted privileges by or under contract with a hospital
22 or psychiatric hospital, health facility or agency, health system,
23 or health care provider, whether operated by a governmental unit or
24 a private entity, and whose duties within the scope of that
25 employment, privilege, or contract involve the provision of direct
26 patient care and require licensure, registration, certification, or
27 other regulation or authorization under the public health code,
28 1978 PA 368, MCL 333.1101 to 333.25211, or who is providing
29 indirect patient care under the direction of a hospital or
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1 psychiatric hospital, health facility or agency, health system, or
2 health care provider.
3 (e) (d) "Hospital or psychiatric hospital" means a hospital or
4 psychiatric hospital licensed under the mental health code, 1974 PA
5 258, MCL 330.1001 to 330.2106.
6 (f) (e) "Medical volunteer" means an individual who is
7 volunteering at a hospital or psychiatric hospital, health facility
8 or agency, in a health system, or with a health care provider,
9 whether operated by a governmental unit or a private entity, and
10 whose duties as a volunteer involve the provision of direct patient
11 care, or who is providing indirect patient care under the direction
12 of a hospital or psychiatric hospital, health facility or agency,
13 health system, or health care provider.
14 Sec. 81a. (1) Except as otherwise provided in this section, a
15 person who assaults an individual without a weapon and inflicts
16 serious or aggravated injury upon on that individual without
17 intending to commit murder or to inflict great bodily harm less
18 than murder is guilty of a misdemeanor punishable by imprisonment
19 for not more than 1 year or a fine of not more than $1,000.00, or
20 both. If the victim of a violation under this subsection is a
21 health professional or medical volunteer and the violation occurs
22 while the victim is performing the victim's duties as a health
23 professional or medical volunteer, the person is guilty of a
24 misdemeanor punishable by imprisonment for not more than 1 year or
25 a fine of not more than $2,000.00, or both. The enhanced fine under
26 this subsection does not apply if the defendant is a patient who is
27 receiving treatment from the victim.
28 (2) Except as provided in subsection (3), an individual who
29 assaults the individual's spouse or former spouse, an individual
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1 with whom the individual has or has had a dating relationship, an
2 individual with whom the individual has had a child in common, or a
3 resident or former resident of the same household without a weapon
4 and inflicts serious or aggravated injury upon on that individual
5 without intending to commit murder or to inflict great bodily harm
6 less than murder is guilty of a misdemeanor punishable by
7 imprisonment for not more than 1 year or a fine of not more than
8 $1,000.00, or both.
9 (3) An individual who commits an assault and battery in
10 violation of subsection (2), and who has 1 or more previous
11 convictions for assaulting or assaulting and battering the
12 individual's spouse or former spouse, an individual with whom the
13 individual has or has had a dating relationship, an individual with
14 whom the individual has had a child in common, or a resident or
15 former resident of the same household, in violation of any of the
16 following, is guilty of a felony punishable by imprisonment for not
17 more than 5 years or a fine of not more than $5,000.00, or both:
18 (a) This section or an ordinance of a political subdivision of
19 this state substantially corresponding to this section.
20 (b) Section 81, 82, 83, 84, or 86.
21 (c) A law of another state or an ordinance of a political
22 subdivision of another state substantially corresponding to this
23 section or section 81, 82, 83, 84, or 86.
24 (4) The operator of a health facility or agency or a hospital
25 or psychiatric hospital shall post a sign in the health facility or
26 agency or hospital or psychiatric hospital in a prominent and
27 visible location that provides that a person, other than a patient
28 receiving treatment, who assaults a health professional or medical
29 volunteer in violation of this section is subject to the enhanced
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1 fine provided for in this section and that a patient receiving
2 treatment who assaults a health professional or medical volunteer
3 may still be subject to prosecution under this section.
4 (5) In a prosecution under subsection (2) or (3), expert
5 testimony is not admissible unless the proposed expert witness
6 possesses demonstrated expertise and experience in working with
7 victims of domestic violence.
8 (6) (5) As used in this section:
9 (a) "Dating relationship" means frequent, intimate
10 associations primarily characterized by the expectation of
11 affectional involvement. This term does not include a casual
12 relationship or an ordinary fraternization between 2 individuals in
13 a business or social context.
14 (b) "Domestic violence" means that term as defined in section
15 1 of 1978 PA 389, MCL 400.1501.
16 (c) (b) "Health facility or agency" means a health facility or
17 agency licensed under article 17 of the public health code, 1978 PA
18 368, MCL 333.20101 to 333.22260.
19 (d) (c) "Health professional" means an individual who is
20 employed or granted privileges by or under contract with a hospital
21 or psychiatric hospital, health facility or agency, health system,
22 or health care provider, whether operated by a governmental unit or
23 a private entity, and whose duties within the scope of that
24 employment, privilege, or contract involve the provision of direct
25 patient care and require licensure, registration, certification, or
26 other regulation or authorization under the public health code,
27 1978 PA 368, MCL 333.1101 to 333.25211, or who is providing
28 indirect patient care under the direction of a hospital or
29 psychiatric hospital, health facility or agency, health system, or
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1 health care provider.
2 (e) (d) "Hospital or psychiatric hospital" means a hospital or
3 psychiatric hospital licensed under the mental health code, 1974 PA
4 258, MCL 330.1001 to 330.2106.
5 (f) (e) "Medical volunteer" means an individual who is
6 volunteering at a hospital or psychiatric hospital, health facility
7 or agency, in a health system, or with a health care provider,
8 whether operated by a governmental unit or a private entity, and
9 whose duties as a volunteer involve the provision of direct patient
10 care, or who is providing indirect patient care under the direction
11 of a hospital or psychiatric hospital, health facility or agency,
12 health system, or health care provider.
13 Sec. 136b. (1) As used in this section:
14 (a) "Child" means a personan individual who is less than 18
15 years of age and is not emancipated by operation of law as provided
16 in section 4 of 1968 PA 293, MCL 722.4.
17 (b) "Cruel" means brutal, inhuman, sadistic, or that which
18 torments.
19 (c) "Omission" means a willful failure to provide food,
20 clothing, or shelter necessary for a child's welfare or willful
21 abandonment of a child.
22 (d) "Person" means a child's parent or guardian or any other
23 person who cares for, has custody of, or has authority over a child
24 regardless of the length of time that a child is cared for, in the
25 custody of, or subject to the authority of that person.
26 (e) "Physical harm" means any injury to a child's physical
27 condition.
28 (f) "Serious physical harm" means any physical injury to a
29 child that seriously impairs the child's health or physical well-
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1 being, including, but not limited to, brain damage, a skull or bone
2 fracture, subdural hemorrhage or hematoma, dislocation, sprain,
3 internal injury, poisoning, burn or scald, or severe cut.
4 (g) "Serious mental harm" means an injury to a child's mental
5 condition or welfare that is not necessarily permanent but results
6 in visibly demonstrable manifestations of a substantial disorder of
7 thought or mood which that significantly impairs judgment,
8 behavior, capacity to recognize reality, or ability to cope with
9 the ordinary demands of life.
10 (2) A person is guilty of child abuse in the first degree if
11 the person knowingly or intentionally causes serious physical harm
12 or serious mental harm to a child. Child abuse in the first degree
13 is a felony punishable by imprisonment for life or any term of
14 years.
15 (3) A person is guilty of child abuse in the second degree if
16 any of the following apply:
17 (a) The person's omission causes serious physical harm or
18 serious mental harm to a child or if the person's reckless act
19 causes serious physical harm or serious mental harm to a child.
20 (b) The person knowingly or intentionally commits an act
21 likely to cause serious physical or mental harm to a child
22 regardless of whether harm results.
23 (c) The person knowingly or intentionally commits an act that
24 is cruel to a child regardless of whether harm results.
25 (d) The person or a licensee, as licensee is defined in
26 section 1 of 1973 PA 116, MCL 722.111, violates section 15(2) of
27 1973 PA 116, MCL 722.125.
28 (4) Child abuse in the second degree is a felony punishable by
29 imprisonment as follows:
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1 (a) For a first offense, not more than 10 years.
2 (b) For an offense following a prior conviction, not more than
3 20 years.
4 (5) A person is guilty of child abuse in the third degree if
5 any of the following apply:
6 (a) The person knowingly or intentionally causes physical harm
7 to a child.
8 (b) The person knowingly or intentionally commits an act that
9 under the circumstances poses an unreasonable risk of harm or
10 injury to a child, and the act results in physical harm to a child.
11 (6) Child abuse in the third degree is a felony punishable by
12 imprisonment as follows:
13 (a) For a first offense, not more than 2 years.
14 (b) For an offense following a prior conviction, not more than
15 5 years.
16 (7) A person is guilty of child abuse in the fourth degree if
17 any of the following apply:
18 (a) The person's omission or reckless act causes physical harm
19 to a child.
20 (b) The person knowingly or intentionally commits an act that
21 under the circumstances poses an unreasonable risk of harm or
22 injury to a child, regardless of whether physical harm results.
23 (8) Child abuse in the fourth degree is a crime punishable as
24 follows:
25 (a) For a first offense, a misdemeanor punishable by
26 imprisonment for not more than 1 ye