SB-0158, As Passed Senate, December 19, 2008

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 158

(As amended, December 19, 2008)

     A bill to amend 1931 PA 328, entitled

"The Michigan penal code,"

by amending section 136b (MCL 750.136b), as amended by 1999 PA 273.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 136b. (1) As used in this section:

     (a) "Child" means a person who is less than 18 years of age

and is not emancipated by operation of law as provided in section 4

of 1968 PA 293, MCL 722.4.

     (b) "Cruel" means brutal, inhuman, sadistic, or that which

torments.

     (c) "Omission" means a willful failure to provide <<the>> food,

clothing, or shelter necessary for a child's welfare or <<the>> willful

abandonment of a child.

     (d) "Person" means a child's parent or guardian or any other

person who cares for, has custody of, or has authority over a child

regardless of the length of time that a child is cared for, in the

Senate Bill No. 158 (H-1) as amended December 18, 2008

as amended December 19, 2008

custody of, or subject to the authority of that person.

     (e) "Physical harm" means any injury to a child's physical

condition.

     (f) "Serious physical harm" means any physical injury <<[to a

child that seriously impairs the child's health or physical well-

being, including, but not limited to, brain damage, a skull or bone

fracture, subdural hemorrhage or hematoma, dislocation, sprain,

internal injury, poisoning, burn or scald, or severe cut.]>>

     (g) "Serious mental harm" means an injury to a child's mental

condition or welfare that is not necessarily permanent but results

in visibly demonstrable manifestations of a substantial disorder of

thought or mood which significantly impairs judgment, behavior,

capacity to recognize reality, or ability to cope with the ordinary

demands of life.

     (2) A person is guilty of child abuse in the first degree if

the person knowingly or intentionally causes serious physical or

serious mental harm to a child. Child abuse in the first degree is

a felony punishable by imprisonment for not more than 15 years.

     (3) A person is guilty of child abuse in the second degree if

any of the following apply:

     (a) The person's omission causes serious physical harm or

serious mental harm to a child or if the person's reckless act

causes serious physical harm or serious mental harm to a child.

     (b) The person knowingly or intentionally commits an act

likely to cause serious physical or mental harm to a child

regardless of whether harm results.

     (c) The person knowingly or intentionally commits an act that

Senate Bill No. 158 as amended December 19, 2008

is cruel to a child regardless of whether harm results.

     (4) Child abuse in the second degree is a felony punishable by

imprisonment for not more than 4 years.

     (5) A person is guilty of child abuse in the third degree if

the <<any>> of the following <<apply>>:

     (a) The person knowingly or intentionally causes physical harm

to a child.

(b) The person knowingly or intentionally commits an act that

under the circumstances <<poses>> an unreasonable risk of harm <<or

injury>> to a

child, and the act results in physical harm to a child.

     (6) Child abuse in the third degree is a misdemeanor felony

punishable by imprisonment for not more than 2 years.

(7) (6) A person is guilty of child abuse in the fourth degree

if the <<any>> of the following <<apply>>:

     (a) The person's omission or reckless act causes physical harm

to a child.

(b) The person knowingly or intentionally commits an act that

under the circumstances <<poses>> an unreasonable risk of harm <<or

injury>> to a

child, regardless of whether physical harm results.

     (8) Child abuse in the fourth degree is a misdemeanor

punishable by imprisonment for not more than 1 year.

(9) (7) This section does not prohibit a parent or guardian,

or other person permitted by law or authorized by the parent or

guardian, from taking steps to reasonably discipline a child,

including the use of reasonable force.

     (10) It is an affirmative defense to a prosecution under this

section that the defendant's conduct involving the child was a

Senate Bill No. 158 (H-1) as amended December 18, 2008

as amended December 19, 2008

reasonable response to an act of domestic violence in light of all

the facts and circumstances known to the defendant at that time.

The defendant has the burden of establishing the affirmative

defense by a preponderance of the evidence. As used in this

subsection, "domestic violence" means that term as defined in

section 1 of 1978 PA 389, MCL 400.1501.

<<[

]>>

     Enacting section 1. This amendatory act takes effect April 1,

2009.