HOUSE BILL NO. 4098

February 03, 2021, Introduced by Reps. Yancey, Whitsett, Glenn, Whiteford, Calley, Brabec, Kahle, Rendon, Paquette, Bollin, Wozniak, Lasinski, Clemente, Camilleri, Hammoud, Hope, Anthony, Thanedar, Puri, Bolden, Stone, Allor and Jones and referred to the Committee on Judiciary.

A bill to amend 1931 PA 328, entitled

"The Michigan penal code,"

by amending sections 167 and 520m (MCL 750.167 and 750.520m), section 167 as amended by 2014 PA 199 and section 520m as amended by 2014 PA 459.

the people of the state of michigan enact:

Sec. 167. (1) A person is a disorderly person if the person is any of the following:

(a) A person of sufficient ability who refuses or neglects to support his or her family.

(b) A common prostitute.person engaged in commercial sexual activity.

(c) A window peeper.

(d) A person who engages in an illegal occupation or business.

(e) A person who is intoxicated in a public place and who is either endangering directly the safety of another person or of property or is acting in a manner that causes a public disturbance.

(f) A person who is engaged in indecent or obscene conduct in a public place.

(g) A vagrant.

(h) A person found begging in a public place.

(i) A person found loitering in a house, of ill fame or prostitution or place where prostitution or lewdness vehicle, or other place in which commercial sexual activity is practiced, encouraged, or allowed.

(j) A person who knowingly loiters in or about a place where an illegal occupation or business is being conducted.

(k) A person who loiters in or about a police station, police headquarters building, county jail, hospital, court building, or other public building or place for the purpose of soliciting employment of legal services or the services of sureties upon criminal recognizances.

(l) A person who is found jostling or roughly crowding people unnecessarily in a public place.

(2) If a person who has been convicted of refusing or neglecting to support his or her family under this section is charged with subsequent violations within a period of 2 years, that person shall must be prosecuted as a second offender or third and subsequent offender person who was previously convicted as provided described in section 168, 168(2)(b), if the family of that person is then receiving public relief or support.

(3) A mother's breastfeeding of a child or expressing breast milk does not constitute indecent or obscene conduct under subsection (1) regardless of whether or not her areola or nipple is visible during or incidental to the breastfeeding or expressing of breast milk.

Sec. 520m. (1) A person shall provide samples for chemical testing for DNA identification profiling or a determination of the sample's genetic markers and shall provide samples for chemical testing if any of the following apply:

(a) The individual is arrested for committing or attempting to commit a felony offense or an offense that would be a felony if committed by an adult.

(b) The person is convicted of, or found responsible for, a felony or attempted felony, or any of the following misdemeanors or local ordinances that are substantially corresponding to the following misdemeanors:

(i) A violation of section 167(1)(c), (f), or (i), disorderly person by window peeping, engaging in indecent or obscene conduct in public, or loitering in a house of ill fame or prostitution.or other place resorted to for the purpose of commercial sexual activity.

(ii) A violation of section 335a(1), indecent exposure.

(iii) A violation punishable under section 451(1) or (2), first and second prostitution violations.451 for detaining a person less than 16 years of age for purposes of commercial sexual activity.

(iv) A violation of section 454, leasing renting a house or other place for purposes of prostitution.commercial sexual activity.

(2) Notwithstanding subsection (1), if at the time the person is arrested for, convicted of, or found responsible for the violation the investigating law enforcement agency or the department of state police already has a sample from the person that meets the requirements of the DNA identification profiling system act, 1990 PA 250, MCL 28.171 to 28.176, the person is not required to provide another sample or pay the assessment required under