Michigan House Bill HB4793

Michigan 2023-2024 Regular Session

• Introduced: 6/15/23
• Refer: 6/15/23
• Refer: 1/17/24

Caption

Crimes: other; certain references in the penal code; make gender neutral. Amends secs. 30, 90, 166 & 335 of 1931 PA 328 (MCL 750.30 et seq.). TIE BAR WITH: HJR F'23

Impact

The proposed amendments in HB 4793 will directly impact how laws related to adultery and sexual misconduct are interpreted and enforced in Michigan. By criminalizing adultery as a felony, the bill preserves the seriousness of the offense, especially in cases involving a married individual and a non-married individual. Additionally, the changes to spousal testimony allow a spouse to testify against the other without requiring consent, which can alter the dynamics of legal proceedings in cases of domestic issues involving lewdness and sexual misconduct.

Summary

House Bill 4793 aims to amend certain sections of the Michigan penal code, specifically those related to adultery, sexual misconduct under the pretext of medical treatment, spousal testimony, and gross lewdness. The bill introduces gender-neutral language to replace gender-specific terms in these laws, marking a significant step towards inclusivity in the state's legal framework. By eliminating gender bias, the bill seeks to modernize outdated provisions that do not reflect the contemporary understanding of gender identities and their relevance in legal proceedings.

Contention

Although the bill seeks to eliminate outdated and gender-biased language, it may also spark debates regarding the nature of adultery as a felony. Some may argue that criminalizing adultery infringes upon personal liberties and may not be suitable for modern law enforcement. Concerns have been raised about possible misuse of the laws surrounding sexual misconduct under medical pretenses, particularly the implications for medical professionals and patient relationships. Stakeholders might advocate for clearer definitions and boundaries in the law to ensure fair application while maintaining the bill's integrity.