Crimes: criminal sexual conduct; definition of mentally incapacitated for criminal sexual conduct cases; modify. Amends sec. 520a of 1931 PA 328 (MCL 750.520a).
Impact
The implications of SB 0236 on state laws are significant, as it specifically alters the definitions and criteria under which a person is deemed mentally incapacitated for the purpose of criminal sexual conduct. This change is intended to streamline legal proceedings and ensure that victims who fall under these newly defined categories can seek justice more effectively. By reinforcing and clarifying the standards for incapacitation, the law aims to improve the state's response to sexual crimes and protect those who may lack the capacity to consent.
Summary
Senate Bill 0236 aims to amend the Michigan Penal Code related to criminal sexual conduct by redefining the term 'mentally incapacitated'. The bill specifically modifies the legal language utilized to describe when a person is considered incapable of consenting to sexual acts due to various impairments. The update aims to enhance clarity around consent and sexual crimes, particularly focusing on protecting vulnerable populations such as individuals with developmental disabilities or those affected by substances.
Sentiment
The sentiment surrounding SB 0236 appeared to be largely positive among supporters who advocated for a more comprehensive approach to addressing sexual crimes. Many viewed the amendments as necessary steps toward better protecting vulnerable individuals in society. However, some concerns were raised about ensuring that the definitions do not unintentionally stigmatize or further marginalize those with mental health issues or disabilities.
Contention
Notable points of contention revolved around the potential implications for individuals classified as mentally incapacitated and how these classifications might affect their rights or treatment within the legal system. Some stakeholders expressed worries that the new definitions could lead to misinterpretations or misuse in legal contexts. The discussions highlighted a fundamental concern about balancing the protection of vulnerable populations while ensuring fair treatment for all individuals involved in the legal process.
Crimes: criminal sexual conduct; removal of condom during intercourse without consent of partner; establish as a crime. Amends sec. 520a of 1931 PA 328 (MCL 750.520a) & adds sec. 520p.
Criminal procedure: sentencing; consecutive sentencing for certain criminal sexual conduct offenses; allow. Amends secs. 520c, 520d, 520e & 520g of 1931 PA 328 (MCL 750.520c et seq.).
Crimes: criminal sexual conduct; references to married minors in the Michigan penal code; modify. Amends secs. 520d, 520e & 520l of 1931 PA 328 (MCL 750.520d et seq.). TIE BAR WITH: SB 0209'23
Crimes: criminal sexual conduct; references to married minors in the Michigan penal code; modify. Amends secs. 13, 520d, 520e & 520l of 1931 PA 328 (MCL 750.13 et seq.).
Crimes: criminal sexual conduct; sexual contact and sexual penetration under pretext of medical treatment; prohibit, and provide penalties. Amends sec. 90 of 1931 PA 328 (MCL 750.90).
Criminal procedure: defenses; defense to criminal sexual conduct charges based solely on mental incapacitation of the victim if the victim is the actor's spouse; repeal. Amends sec. 520l of 1931 PA 328 (MCL 750.520l).
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.).
Crimes: criminal sexual conduct; sexual extortion and aggravated sexual extortion; prohibit and provide penalties. Amends 1931 PA 328 (MCL 750.1 - 750.568) by adding sec. 213b.