SENATE BILL NO. 12 January 13, 1999, Introduced by Senator BOUCHARD and referred to the Committee on Judiciary. A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 136b (MCL 750.136b), as added by 1988 PA 251. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 136b. (1) As used in this section: 2 (a) "Child" means a person who is less than 18 years of age 3 and is not emancipated by operation of law as provided in section 44(1) of Act No. 293 of the Public Acts of 1968, being section5722.4 of the Michigan Compiled Laws4 OF 1968 PA 293, MCL 6 722.4. 7 (B) "CRIMINAL SEXUAL ACTIVITY" MEANS A VIOLATION OF SECTION 8 145C, 520B, 520C, 520D, 520E, OR 520G. 00024'99 JOJ 2 1 (C)(b)"Omission" means a willful failure to provide the 2 food, clothing, or shelter necessary for a child's welfare or the 3 willful abandonment of a child. 4 (D)(c)"Person RESPONSIBLE FOR THE CHILD'S WELFARE" means 5 a child's parent or guardian or any other person who cares for, 6 has custody of, or has authority over a child regardless of the 7 length of time thataTHE child is cared for BY, in the custody 8 of, or subject to the authority of that person. 9 (E)(d)"Physical harm" means any injury to a child's 10 physical condition. 11 (F)(e)"Serious physical harm" meansanANY PHYSICAL 12 injuryof a child's physical condition or welfare that is not13necessarily permanent but constitutes substantial bodily disfig-14urement, orTO A CHILD THAT seriously impairsthe function of a15body organ or limbTHE CHILD'S HEALTH OR PHYSICAL WELL-BEING, 16 INCLUDING, BUT NOT LIMITED TO, BRAIN DAMAGE, A SKULL OR BONE 17 FRACTURE, SUBDURAL HEMORRHAGE OR HEMATOMA, DISLOCATION, SPRAIN, 18 INTERNAL INJURY, POISONING, BURN OR SCALD, OR SEVERE CUT. 19 (G)(f)"Serious mental harm" means an injury to a child's 20 mental condition or welfare that is not necessarily permanent but 21 results invisibly demonstrable manifestations of a1 OF THE 22 FOLLOWING: 23 (i) A substantial disorder of thought or moodwhichTHAT 24 significantly impairs judgment, behavior, capacity to recognize 25 reality, or ability to cope with the ordinary demands of life. 26 (ii) A SEVERE OR PERSISTENT EMOTIONAL CONDITION 27 CHARACTERIZED BY SERIOUSLY IMPAIRED PERSONALITY DEVELOPMENT, 00024'99 3 1 INDIVIDUAL ADJUSTMENT, SOCIAL ADJUSTMENT, OR EMOTIONAL GROWTH 2 THAT IS DEMONSTRATED IN BEHAVIOR SYMPTOMATIC OF THAT IMPAIRMENT. 3 (2) A person RESPONSIBLE FOR THE CHILD'S WELFARE is guilty 4 of child abuse in the first degree if the person knowingly or 5 intentionally causes serious physical or serious mental harm to a 6 child. Child abuse in the first degree is a felony punishable by 7 imprisonment for not more than 15 years. 8 (3) A person RESPONSIBLE FOR THE CHILD'S WELFARE is guilty 9 of child abuse in the second degree if the person's omission 10 causes serious physical harm or serious mental harm to a child or 11 if the person's reckless act causes serious physical harm OR 12 SERIOUS MENTAL HARM to a child. Child abuse in the second degree 13 is a felony punishable by imprisonment for not more than 4 14 years. 15 (4) A person RESPONSIBLE FOR THE CHILD'S WELFARE is guilty 16 of child abuse in the third degree if the person knowingly or 17 intentionally causes OR THREATENS TO CAUSE physical harm to a 18 child. Child abuse in the third degree is a misdemeanor punish- 19 able by imprisonment for not more than 2 years. 20 (5) A person RESPONSIBLE FOR THE CHILD'S WELFARE is guilty 21 of child abuse in the fourth degree if the person's omission or 22 reckless act causes OR THREATENS TO CAUSE physical harm to a 23 child. Child abuse in the fourth degree is a misdemeanor punish- 24 able by imprisonment for not more than 1 year. 25 (6) A PERSON RESPONSIBLE FOR THE CHILD'S WELFARE IS GUILTY 26 OF A CRIME PUNISHABLE AS PRESCRIBED IN SUBSECTION (7) IF ALL OF 27 THE FOLLOWING APPLY: 00024'99 4 1 (A) ANOTHER PERSON COMMITTED CRIMINAL SEXUAL ACTIVITY 2 AGAINST THE CHILD OR CAUSED SERIOUS PHYSICAL HARM OR SERIOUS 3 MENTAL HARM TO THE CHILD BY COMMITTING ANY OTHER CRIME AGAINST 4 THE CHILD, REGARDLESS OF WHETHER THE OTHER PERSON IS CONVICTED OF 5 THE CRIME. 6 (B) THE PERSON RESPONSIBLE FOR THE CHILD'S WELFARE HAD 7 ACTUAL KNOWLEDGE THAT THE OTHER PERSON ENGAGED, WAS ENGAGED, OR 8 INTENDED TO ENGAGE IN THE CRIMINAL SEXUAL ACTIVITY AGAINST THE 9 CHILD OR CAUSED, WAS CAUSING, OR INTENDED TO CAUSE SERIOUS PHYSI- 10 CAL HARM OR SERIOUS MENTAL HARM TO THE CHILD. 11 (C) THE PERSON RESPONSIBLE FOR THE CHILD'S WELFARE FAILED TO 12 TAKE ACTIONS THAT WERE REASONABLE UNDER ALL THE CIRCUMSTANCES TO 13 PREVENT OR STOP THE HARM TO OR THE CRIMINAL SEXUAL ACTIVITY 14 AGAINST THE CHILD OR TO REPORT THE HARM OR CRIMINAL SEXUAL ACTIV- 15 ITY TO A LAW ENFORCEMENT AGENCY HAVING JURISDICTION, AN AGENCY 16 HAVING JURISDICTION OVER CHILD ABUSE OR NEGLECT, OR A PERSON OR 17 ENTITY REQUIRED TO MAKE A REPORT UNDER THE CHILD PROTECTION LAW, 18 1975 PA 238, MCL 722.621 TO 722.638, WITHIN A TIME THAT WAS REA- 19 SONABLE UNDER ALL THE CIRCUMSTANCES. 20 (7) A VIOLATION OF SUBSECTION (6) IS PUNISHABLE BY NOT MORE 21 THAN THE MAXIMUM PENALTY PROVIDED FOR THE CRIME COMMITTED BY THE 22 OTHER PERSON, REGARDLESS OF WHETHER THE OTHER PERSON IS CONVICTED 23 OF THE CRIME, EXCEPT THAT THE MAXIMUM TERM OF IMPRISONMENT AUTHO- 24 RIZED UNDER THIS SUBSECTION SHALL NOT EXCEED 15 YEARS. 25 (8) IT IS DEFENSE TO A PROSECUTION UNDER SUBSECTION (6) IF 26 THE DEFENDANT PROVES BY A PREPONDERANCE OF THE EVIDENCE THAT HE 27 OR SHE FAILED TO COMPLY WITH SUBSECTION (6)(C) BECAUSE HE OR SHE 00024'99 5 1 HAD A REASONABLE AND HONEST BELIEF BASED ON THE EXISTENCE OF 2 DOMESTIC VIOLENCE OR ABUSE THAT ACTING TO PREVENT, STOP, OR 3 REPORT THE HARM TO THE CHILD OR THE CRIMINAL SEXUAL ACTIVITY 4 AGAINST THE CHILD WOULD RESULT IN SERIOUS PHYSICAL HARM TO THE 5 CHILD. 6 (9) A PERSON MAY BE CONVICTED AND A SENTENCE IMPOSED UNDER 7 THIS SECTION IN ADDITION TO A CONVICTION AND PENALTY FOR ANY 8 OTHER CRIME ARISING OUT OF THE SAME TRANSACTION. 9 (10)(6)This sectionshallDOES notbe construed to10 prohibit a parent or guardian, or other person permitted by law 11 or authorized by the parent or guardian, from taking steps to 12 reasonably discipline a child, including the use of reasonable 13 force. 00024'99 Final page. 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