Michigan 2023-2024 Regular Session

Michigan Senate Bill SB0548

Introduced
10/3/23  

Caption

Crimes: crimes against minors; definition of child abuse; modify. Amends sec. 136b of 1931 PA 328 (MCL 750.136b). TIE BAR WITH: SB 0547'23

Impact

The bill introduces a tiered system of penalties for different degrees of child abuse, categorizing offenses into first, second, third, and fourth degrees, with corresponding penalties ranging from misdemeanors to felonies punishable by imprisonment for varied durations. Notably, first-degree child abuse, which involves serious harm, is classified as a felony carrying the potential for life imprisonment. These changes are expected to strengthen law enforcement's ability to respond effectively to serious cases of child abuse while holding offenders accountable to a greater extent.

Summary

Senate Bill 0548 seeks to amend the Michigan Penal Code specifically focusing on the definition and penalties associated with child abuse. This bill aims to refine the definitions of 'child,' 'cruel,' 'omission,' and 'physical harm' to establish clearer legal standards for assessing child abuse cases. In particular, it defines 'serious physical harm' and 'serious mental harm' with specificity, which is intended to enhance the protection of children's welfare by providing more precise legal criteria for prosecuting offenders.

Contention

Debate around SB 0548 has centered on the implications of how these definitions and penalties may impact parenting styles and interpretations of reasonable disciplinary actions. Opponents express concern that the wording might lead to disproportionate legal consequences for parents who use conventional disciplinary practices. They argue there must be a clear distinction between abusive behavior and legitimate parenting techniques to prevent potential misuse of the law. Additionally, the inclusion of domestic violence as an affirmative defense in specific contexts raises questions about the legal landscape for abusers attempting to leverage their personal circumstances during prosecution.

Companion Bills

MI SB0547

Same As Children: child abuse or child neglect; definition of child neglect; modify. Amends sec. 2 of 1975 PA 238 (MCL 722.622).

Previously Filed As

MI HB5112

Crimes: abuse; penalties for abuse of a vulnerable child; increase. Amends sec. 136b of 1931 PA 328 (MCL 750.136b).

MI HB4257

Crimes: penalties; penalties for parents or guardians who procure gender transition surgeries or irreversible hormonal procedures for children under 18; provide for. Amends sec. 136b of 1931 PA 328 (MCL 750.136b).

MI SB0528

Crimes: other; penalties for certain offenses committed when victim and offender have a domestic relationship; provide for. Amends secs. 115, 145n, 377a, 380, 411h & 540e of 1931 PA 328 (MCL 750.115 et seq.). TIE BAR WITH: SB 0471'23

MI HB6009

Civil procedure: evidence; guidelines for expert testimony in certain cases; provide for. Amends secs. 81, 81a, 136b, 520b, 520c, 520d, 520e & 520g of 1931 PA 328 (MCL 750.81 et seq.).

MI HB4508

Crimes: penalties; mandatory life imprisonment for certain crimes in the penal code; modify for certain offenders. Amends secs. 16, 18, 200i, 204, 207, 209, 210, 211a, 316, 436, 520b & 543f of 1931 PA 328 (MCL 750.16 et seq.). TIE BAR WITH: HB 4506'25

MI SB0325

Crimes: penalties; penalties for certain crimes of imprisonment for life without parole eligibility; amend Michigan penal code to reflect potential resentencing. Amends secs. 16, 18, 200i, 204, 207, 209, 210, 211a, 227b, 316, 436, 520b & 543f of 1931 PA 328 (MCL 750.16 et seq.). TIE BAR WITH: SB 0321'23

MI HB4560

Crimes: penalties; penalties for certain crimes of imprisonment for life without parole eligibility; amend Michigan penal code to reflect potential resentencing. Amends secs. 16, 18, 200i, 204, 207, 209, 210, 211a, 227b, 316, 436, 520b & 543f of 1931 PA 328 (MCL 750.16 et seq.). TIE BAR WITH: HB 4556'23

MI SB0123

Crimes: penalties; penalties for certain crimes of imprisonment for life without parole eligibility; amend Michigan penal code to exclude application to individuals less than 19. Amends secs. 16, 18, 200i, 204, 207, 209, 210, 211a, 316, 436 & 543f of 1931 PA 328 (MCL 750.16 et seq.) & adds sec. 506b. TIE BAR WITH: SB 0119'23, SB 0121'23, SB 0120'23, SB 0122'23

MI SB0601

Crimes: other; criminal threatening; define and provide penalties for. Amends sec. 147b of 1931 PA 328 (MCL 750.147b).

MI HB5875

Crimes: animals; forfeiture of animal victims of cruelty and fighting; modify. Amends secs. 49, 50 & 50b of 1931 PA 328 (MCL 750.49 et seq.). TIE BAR WITH: HB 5876'24, HB 5877'24

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