| 1 | 1 | | HOUSE BILL NO. 5850 A bill to amend 1973 PA 116, entitled "An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts," by amending section 5r (MCL 722.115r), as added by 2017 PA 256. the people of the state of michigan enact: Sec. 5r. (1) An individual required to undergo a criminal history check as described in section 5n is ineligible for that application only, to receive a license, be an adult member of the household, or be a child care staff member if the individual does either of the following: (a) Refuses to consent to the criminal history check or central registry check as required under section 5q. (b) Knowingly makes a materially false statement or knowingly omits information in connection with a criminal history check or central registry check as required under section 5q. (2) An individual required to undergo a database check as required under section 5n(1)(a) who has a confirmed history of disciplinary action or violations as outlined in section 11(5) and (6) may be considered ineligible to receive a license, be an adult member of the household, or be a child care staff member. (3) An individual required to undergo a criminal history check as described in section 5n is ineligible to receive a license, be an adult member of the household, or be a child care staff member if the individual satisfies 1 or more of the following: (a) Is registered, or is required to be registered, on a state sex offender registry or repository or the national sex offender registry. (b) Has been convicted of a felony consisting of 1 or more of the following or any other state or federal equivalent: (i) Murder or homicide. (ii) Child abuse or child neglect. (iii) A crime against a minor child, including, but not limited to, child pornography. (iv) Spousal abuse or domestic violence. (v) A crime involving rape or sexual assault. (vi) Kidnapping. (vii) Arson. (viii) Physical assault or battery. (ix) Human trafficking or involuntary servitude. (c) Has been convicted of a violent misdemeanor against a child, including, but not limited to, 1 or more of the following crimes: (i) Child abuse. (ii) Child endangerment. (iii) Sexual assault. (d) Has been convicted of a misdemeanor involving child pornography. (4) An individual required to undergo a criminal history check as described in section 5n is ineligible to receive a license, be an adult member of the household, or be a child care staff member if the individual has been convicted of 1 or more of the following felonies, an attempt or conspiracy to commit 1 or more of the following felonies, or any other state or federal equivalent, unless 10 years have lapsed since the conviction, before the date of application or before the date a group child care home or family child care home allows an individual to be an adult member of the household, or a child care center, group child care home, or family child care home allows an individual to be a child care staff member: (a) A felony involving harm or threatened harm to an individual. (b) A felony involving the use of a firearm or dangerous weapon. (c) A felony involving cruelty or torture of any person. (d) A felony involving a substantial misrepresentation of any material fact, bribery, fraud, larceny, embezzlement, theft, home invasion, breaking and entering, receiving and concealing stolen property or a crime of similar statute. (e) A felony involving operating a motor vehicle while intoxicated or impaired causing serious injury or death. (f) A felony involving the use of a computer or the internet to commit a crime. (g) A felony involving cruelty to animals, including, but not limited to, fighting, killing, torturing, and abandoning. (h) A felony involving aggravated stalking, aggravated indecent exposure, indecent exposure by a sexually delinquent person, pandering, transporting an individual for prostitution, commercial sexual activity, and keeping, maintaining, or operating a house of ill fame. (i) A felony as a habitual offender. (5) An individual required to undergo a criminal history check as described in section 5n is ineligible to receive a license, be an adult member of the household, or be a child care staff member if the individual has been convicted of a felony drug offense, an attempt or conspiracy to commit a felony drug offense, or any other state or federal equivalent, unless 7 years have lapsed since the conviction before the date of application or before the date a group child care home or family child care home allows an individual to be an adult member of the household or a child care center, group child care home, or family child care home allows an individual to be a child care staff member. (6) An individual required to undergo a criminal history check as described in section 5n is ineligible to receive a license, be an adult member of the household, or be a child care staff member if the individual has been convicted of 1 or more of the following misdemeanors, an attempt or conspiracy to commit any of those misdemeanors, or any other state or federal equivalent, unless 5 years have lapsed since the conviction before the date of application or before the date a group child care home or family child care home allows an individual to be an adult member of the household or a child care center, group child care home, or family child care home allows an individual to be a child care staff member: (a) A misdemeanor involving operating under the presence of a controlled substance, use or possession of a controlled substance, and selling or furnishing a controlled substance to a minor. (b) A misdemeanor involving using computers to commit a crime, a substantial misrepresentation of a material fact, embezzlement, breaking and entering, and any other fraudulent crime except retail fraud in the third degree, petty theft, or shoplifting. (c) A misdemeanor involving stalking, assault, spousal abuse, domestic violence, weapons offense, harboring runaways, aiding and abetting, and arson. Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law. Enacting section 2. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 5841 (request no. 04081'23) of the 102nd Legislature is enacted into law. |
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| 23 | 23 | | HOUSE BILL NO. 5850 |
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| 25 | 25 | | |
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| 26 | 26 | | |
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| 27 | 27 | | A bill to amend 1973 PA 116, entitled |
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| 28 | 28 | | |
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| 29 | 29 | | "An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts," |
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| 30 | 30 | | |
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| 31 | 31 | | by amending section 5r (MCL 722.115r), as added by 2017 PA 256. |
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| 32 | 32 | | |
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| 33 | 33 | | the people of the state of michigan enact: |
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| 34 | 34 | | |
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| 35 | 35 | | Sec. 5r. (1) An individual required to undergo a criminal history check as described in section 5n is ineligible for that application only, to receive a license, be an adult member of the household, or be a child care staff member if the individual does either of the following: |
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| 36 | 36 | | |
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| 37 | 37 | | (a) Refuses to consent to the criminal history check or central registry check as required under section 5q. |
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| 38 | 38 | | |
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| 39 | 39 | | (b) Knowingly makes a materially false statement or knowingly omits information in connection with a criminal history check or central registry check as required under section 5q. |
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| 40 | 40 | | |
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| 41 | 41 | | (2) An individual required to undergo a database check as required under section 5n(1)(a) who has a confirmed history of disciplinary action or violations as outlined in section 11(5) and (6) may be considered ineligible to receive a license, be an adult member of the household, or be a child care staff member. |
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| 42 | 42 | | |
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| 43 | 43 | | (3) An individual required to undergo a criminal history check as described in section 5n is ineligible to receive a license, be an adult member of the household, or be a child care staff member if the individual satisfies 1 or more of the following: |
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| 44 | 44 | | |
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| 45 | 45 | | (a) Is registered, or is required to be registered, on a state sex offender registry or repository or the national sex offender registry. |
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| 46 | 46 | | |
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| 47 | 47 | | (b) Has been convicted of a felony consisting of 1 or more of the following or any other state or federal equivalent: |
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| 48 | 48 | | |
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| 49 | 49 | | (i) Murder or homicide. |
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| 50 | 50 | | |
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| 51 | 51 | | (ii) Child abuse or child neglect. |
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| 52 | 52 | | |
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| 53 | 53 | | (iii) A crime against a minor child, including, but not limited to, child pornography. |
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| 54 | 54 | | |
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| 55 | 55 | | (iv) Spousal abuse or domestic violence. |
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| 56 | 56 | | |
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| 57 | 57 | | (v) A crime involving rape or sexual assault. |
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| 58 | 58 | | |
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| 59 | 59 | | (vi) Kidnapping. |
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| 60 | 60 | | |
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| 61 | 61 | | (vii) Arson. |
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| 62 | 62 | | |
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| 63 | 63 | | (viii) Physical assault or battery. |
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| 64 | 64 | | |
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| 65 | 65 | | (ix) Human trafficking or involuntary servitude. |
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| 66 | 66 | | |
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| 67 | 67 | | (c) Has been convicted of a violent misdemeanor against a child, including, but not limited to, 1 or more of the following crimes: |
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| 68 | 68 | | |
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| 69 | 69 | | (i) Child abuse. |
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| 70 | 70 | | |
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| 71 | 71 | | (ii) Child endangerment. |
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| 72 | 72 | | |
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| 73 | 73 | | (iii) Sexual assault. |
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| 74 | 74 | | |
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| 75 | 75 | | (d) Has been convicted of a misdemeanor involving child pornography. |
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| 76 | 76 | | |
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| 77 | 77 | | (4) An individual required to undergo a criminal history check as described in section 5n is ineligible to receive a license, be an adult member of the household, or be a child care staff member if the individual has been convicted of 1 or more of the following felonies, an attempt or conspiracy to commit 1 or more of the following felonies, or any other state or federal equivalent, unless 10 years have lapsed since the conviction, before the date of application or before the date a group child care home or family child care home allows an individual to be an adult member of the household, or a child care center, group child care home, or family child care home allows an individual to be a child care staff member: |
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| 78 | 78 | | |
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| 79 | 79 | | (a) A felony involving harm or threatened harm to an individual. |
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| 80 | 80 | | |
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| 81 | 81 | | (b) A felony involving the use of a firearm or dangerous weapon. |
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| 82 | 82 | | |
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| 83 | 83 | | (c) A felony involving cruelty or torture of any person. |
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| 84 | 84 | | |
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| 85 | 85 | | (d) A felony involving a substantial misrepresentation of any material fact, bribery, fraud, larceny, embezzlement, theft, home invasion, breaking and entering, receiving and concealing stolen property or a crime of similar statute. |
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| 86 | 86 | | |
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| 87 | 87 | | (e) A felony involving operating a motor vehicle while intoxicated or impaired causing serious injury or death. |
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| 88 | 88 | | |
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| 89 | 89 | | (f) A felony involving the use of a computer or the internet to commit a crime. |
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| 90 | 90 | | |
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| 91 | 91 | | (g) A felony involving cruelty to animals, including, but not limited to, fighting, killing, torturing, and abandoning. |
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| 92 | 92 | | |
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| 93 | 93 | | (h) A felony involving aggravated stalking, aggravated indecent exposure, indecent exposure by a sexually delinquent person, pandering, transporting an individual for prostitution, commercial sexual activity, and keeping, maintaining, or operating a house of ill fame. |
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| 94 | 94 | | |
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| 95 | 95 | | (i) A felony as a habitual offender. |
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| 96 | 96 | | |
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| 97 | 97 | | (5) An individual required to undergo a criminal history check as described in section 5n is ineligible to receive a license, be an adult member of the household, or be a child care staff member if the individual has been convicted of a felony drug offense, an attempt or conspiracy to commit a felony drug offense, or any other state or federal equivalent, unless 7 years have lapsed since the conviction before the date of application or before the date a group child care home or family child care home allows an individual to be an adult member of the household or a child care center, group child care home, or family child care home allows an individual to be a child care staff member. |
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| 98 | 98 | | |
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| 99 | 99 | | (6) An individual required to undergo a criminal history check as described in section 5n is ineligible to receive a license, be an adult member of the household, or be a child care staff member if the individual has been convicted of 1 or more of the following misdemeanors, an attempt or conspiracy to commit any of those misdemeanors, or any other state or federal equivalent, unless 5 years have lapsed since the conviction before the date of application or before the date a group child care home or family child care home allows an individual to be an adult member of the household or a child care center, group child care home, or family child care home allows an individual to be a child care staff member: |
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| 100 | 100 | | |
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| 101 | 101 | | (a) A misdemeanor involving operating under the presence of a controlled substance, use or possession of a controlled substance, and selling or furnishing a controlled substance to a minor. |
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| 102 | 102 | | |
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| 103 | 103 | | (b) A misdemeanor involving using computers to commit a crime, a substantial misrepresentation of a material fact, embezzlement, breaking and entering, and any other fraudulent crime except retail fraud in the third degree, petty theft, or shoplifting. |
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| 104 | 104 | | |
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| 105 | 105 | | (c) A misdemeanor involving stalking, assault, spousal abuse, domestic violence, weapons offense, harboring runaways, aiding and abetting, and arson. |
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| 106 | 106 | | |
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| 107 | 107 | | Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law. |
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| 108 | 108 | | |
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| 109 | 109 | | Enacting section 2. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 5841 (request no. 04081'23) of the 102nd Legislature is enacted into law. |
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