HB-5628, As Passed Senate, December 14, 2016
May 3, 2016, Introduced by Reps. Vaupel, McCready, Canfield, Victory, Price, Iden, Crawford, Howell, Tedder, Hooker and McBroom and referred to the Committee on Judiciary.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 136c (MCL 750.136c), as added by 2000 PA 205.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 136c. (1) A person shall not transfer or attempt to
transfer the legal or physical custody of an individual to another
person for money or other valuable consideration, except as
otherwise permitted by law.
(2) A person shall not acquire or attempt to acquire the legal
or physical custody of an individual for payment of money or other
valuable consideration to another person, except as otherwise
permitted by law.
(3) Except as provided in subsection (4), a person shall not
do any of the following, whether or not the person receives money
or other valuable consideration for doing so:
(a) Transfer or attempt to transfer the legal or physical
custody of a child with the intent to permanently divest a parent
of parental responsibility, except by order of a court of competent
jurisdiction.
(b) Arrange for or assist in the permanent transfer, adoption,
adoptive placement, or any other permanent physical placement of a
child, except for the performance of adoption activities under 1973
PA 116, MCL 722.111 to 722.128, in the performance of the person's
duties.
(c) Assist, aid, abet, or conspire in the commission of an act
described in subdivision (a) or (b).
(4) Subsection (3) does not apply to the placement of a child
under 1 or more of the following conditions:
(a) With a relative, a child placing agency, or the
department.
(b) By a child placing agency or the department.
(c) In accordance with the interstate compact on placement of
children, 1984 PA 114, MCL 3.711 to 3.717.
(d) In which the child will be returned in less than 180 days.
(e) With the specific intent that the child will be returned,
that the placement benefits the child, and that it is based on the
temporary needs of the family, including, but not limited to, 1 or
more of the following:
(i) Respite for the child and family.
(ii) A vacation or school-sponsored activity or function.
(iii) A temporary inability of the parent or legal guardian to
provide care for the child due to incarceration, military service,
medical treatment, or other incapacity of the parent or legal
guardian.
(5) (3)
A person who violates this section
is guilty of a
felony punishable by imprisonment for not more than 20 years or a
fine of not more than $100,000.00, or both.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.