| 1 | 1 | | SENATE BILL NO. 1118 A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 520a (MCL 750.520a), as amended by 2023 PA 65, and by adding section 520p. the people of the state of michigan enact: Sec. 520a. As used in this chapter: (a) "Actor" means a person an individual accused of criminal sexual conduct. (b) "Developmental disability" means an impairment of general intellectual functioning or adaptive behavior that meets all of the following criteria: (i) It originated before the person individual became 18 years of age. (ii) It has continued since its origination or can be expected to continue indefinitely. (iii) It constitutes a substantial burden to the impaired person's individual's ability to perform in society. (iv) It is attributable to 1 or more of the following: (A) Intellectual disability, cerebral palsy, epilepsy, or autism. (B) Any other condition of a person an individual that produces a similar impairment or requires treatment and services similar to those required for a person an individual described in this subdivision. (c) "Electronic monitoring" means that term as defined in section 85 of the corrections code of 1953, 1953 PA 232, MCL 791.285. (d) "Intellectual disability" means that term as defined in section 100b of the mental health code, 1974 PA 258, MCL 330.1100b. (e) "Intermediate school district" means a corporate body established under part 7 of the revised school code, 1976 PA 451, MCL 380.601 to 380.705. (f) "Intimate parts" includes the primary genital area, groin, inner thigh, buttock, or breast of a human being. (g) "Mental health professional" means that term as defined in section 100b of the mental health code, 1974 PA 258, MCL 330.1100b. (h) "Mental illness" means a substantial disorder of thought or mood that significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life. (i) "Mentally disabled" means that a person an individual has a mental illness, is intellectually disabled, or has a developmental disability. (j) "Mentally incapable" means that a person an individual suffers from a mental disease or defect that renders that person individual temporarily or permanently incapable of appraising the nature of his or her the individual's conduct. (k) "Mentally incapacitated" means that a person an individual is rendered temporarily incapable of appraising or controlling the person's individual's conduct due to the influence of a narcotic, anesthetic, alcohol, or other substance, or due to any act committed upon that person individual without the person's individual's consent. (l) "Nonpublic school" means a private, denominational, or parochial elementary or secondary school. (m) "Physically helpless" means that a person an individual is unconscious, asleep, or for any other reason is physically unable to communicate unwillingness to an act. (n) "Personal injury" means bodily injury, disfigurement, mental anguish, chronic pain, pregnancy, disease, or loss or impairment of a sexual or reproductive organ. (o) "Prophylactic" means a thin rubber sheath worn on an individual's penis during sexual intercourse as a contraceptive or as protection against infection. (p) (o) "Public school" means a public elementary or secondary educational entity or agency that is established under the revised school code, 1976 PA 451, MCL 380.1 to 380.1852. (q) (p) "School district" means a general powers school district organized under the revised school code, 1976 PA 451, MCL 380.1 to 380.1852. (r) (q) "Sexual contact" includes the intentional touching of the victim's or actor's intimate parts or the intentional touching of the clothing covering the immediate area of the victim's or actor's intimate parts, if that intentional touching can reasonably be construed as being for the purpose of sexual arousal or gratification, done for a sexual purpose, or in a sexual manner for: (i) Revenge. (ii) To inflict humiliation. (iii) Out of anger. (s) (r) "Sexual penetration" means sexual intercourse, cunnilingus, fellatio, anal intercourse, or any other intrusion, however slight, of any part of a person's an individual's body or of any object into the genital or anal openings of another person's individual's body, but emission of semen is not required. (t) (s) "Victim" means the person individual alleging to have been subjected to criminal sexual conduct. Sec. 520p. (1) Except as provided in subsection (2), an individual who while engaging in sexual contact or sexual penetration with another individual who consented to the sexual contact or sexual penetration with the use of a prophylactic knowingly removes or damages the prophylactic without the consent of the other individual is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $10,000.00, or both. (2) An individual who commits a second or subsequent violation under subsection (1) is guilty of a misdemeanor punishable by imprisonment for not more than 1 year. |
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| 25 | 25 | | SENATE BILL NO. 1118 |
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| 28 | 28 | | |
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| 29 | 29 | | A bill to amend 1931 PA 328, entitled |
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| 30 | 30 | | |
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| 31 | 31 | | "The Michigan penal code," |
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| 32 | 32 | | |
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| 33 | 33 | | by amending section 520a (MCL 750.520a), as amended by 2023 PA 65, and by adding section 520p. |
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| 34 | 34 | | |
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| 35 | 35 | | the people of the state of michigan enact: |
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| 36 | 36 | | |
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| 37 | 37 | | Sec. 520a. As used in this chapter: |
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| 38 | 38 | | |
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| 39 | 39 | | (a) "Actor" means a person an individual accused of criminal sexual conduct. |
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| 40 | 40 | | |
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| 41 | 41 | | (b) "Developmental disability" means an impairment of general intellectual functioning or adaptive behavior that meets all of the following criteria: |
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| 42 | 42 | | |
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| 43 | 43 | | (i) It originated before the person individual became 18 years of age. |
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| 44 | 44 | | |
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| 45 | 45 | | (ii) It has continued since its origination or can be expected to continue indefinitely. |
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| 46 | 46 | | |
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| 47 | 47 | | (iii) It constitutes a substantial burden to the impaired person's individual's ability to perform in society. |
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| 48 | 48 | | |
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| 49 | 49 | | (iv) It is attributable to 1 or more of the following: |
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| 50 | 50 | | |
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| 51 | 51 | | (A) Intellectual disability, cerebral palsy, epilepsy, or autism. |
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| 52 | 52 | | |
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| 53 | 53 | | (B) Any other condition of a person an individual that produces a similar impairment or requires treatment and services similar to those required for a person an individual described in this subdivision. |
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| 54 | 54 | | |
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| 55 | 55 | | (c) "Electronic monitoring" means that term as defined in section 85 of the corrections code of 1953, 1953 PA 232, MCL 791.285. |
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| 56 | 56 | | |
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| 57 | 57 | | (d) "Intellectual disability" means that term as defined in section 100b of the mental health code, 1974 PA 258, MCL 330.1100b. |
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| 58 | 58 | | |
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| 59 | 59 | | (e) "Intermediate school district" means a corporate body established under part 7 of the revised school code, 1976 PA 451, MCL 380.601 to 380.705. |
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| 60 | 60 | | |
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| 61 | 61 | | (f) "Intimate parts" includes the primary genital area, groin, inner thigh, buttock, or breast of a human being. |
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| 62 | 62 | | |
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| 63 | 63 | | (g) "Mental health professional" means that term as defined in section 100b of the mental health code, 1974 PA 258, MCL 330.1100b. |
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| 64 | 64 | | |
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| 65 | 65 | | (h) "Mental illness" means a substantial disorder of thought or mood that significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life. |
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| 66 | 66 | | |
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| 67 | 67 | | (i) "Mentally disabled" means that a person an individual has a mental illness, is intellectually disabled, or has a developmental disability. |
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| 68 | 68 | | |
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| 69 | 69 | | (j) "Mentally incapable" means that a person an individual suffers from a mental disease or defect that renders that person individual temporarily or permanently incapable of appraising the nature of his or her the individual's conduct. |
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| 70 | 70 | | |
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| 71 | 71 | | (k) "Mentally incapacitated" means that a person an individual is rendered temporarily incapable of appraising or controlling the person's individual's conduct due to the influence of a narcotic, anesthetic, alcohol, or other substance, or due to any act committed upon that person individual without the person's individual's consent. |
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| 72 | 72 | | |
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| 73 | 73 | | (l) "Nonpublic school" means a private, denominational, or parochial elementary or secondary school. |
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| 74 | 74 | | |
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| 75 | 75 | | (m) "Physically helpless" means that a person an individual is unconscious, asleep, or for any other reason is physically unable to communicate unwillingness to an act. |
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| 76 | 76 | | |
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| 77 | 77 | | (n) "Personal injury" means bodily injury, disfigurement, mental anguish, chronic pain, pregnancy, disease, or loss or impairment of a sexual or reproductive organ. |
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| 78 | 78 | | |
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| 79 | 79 | | (o) "Prophylactic" means a thin rubber sheath worn on an individual's penis during sexual intercourse as a contraceptive or as protection against infection. |
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| 80 | 80 | | |
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| 81 | 81 | | (p) (o) "Public school" means a public elementary or secondary educational entity or agency that is established under the revised school code, 1976 PA 451, MCL 380.1 to 380.1852. |
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| 82 | 82 | | |
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| 83 | 83 | | (q) (p) "School district" means a general powers school district organized under the revised school code, 1976 PA 451, MCL 380.1 to 380.1852. |
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| 84 | 84 | | |
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| 85 | 85 | | (r) (q) "Sexual contact" includes the intentional touching of the victim's or actor's intimate parts or the intentional touching of the clothing covering the immediate area of the victim's or actor's intimate parts, if that intentional touching can reasonably be construed as being for the purpose of sexual arousal or gratification, done for a sexual purpose, or in a sexual manner for: |
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| 86 | 86 | | |
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| 87 | 87 | | (i) Revenge. |
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| 88 | 88 | | |
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| 89 | 89 | | (ii) To inflict humiliation. |
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| 90 | 90 | | |
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| 91 | 91 | | (iii) Out of anger. |
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| 92 | 92 | | |
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| 93 | 93 | | (s) (r) "Sexual penetration" means sexual intercourse, cunnilingus, fellatio, anal intercourse, or any other intrusion, however slight, of any part of a person's an individual's body or of any object into the genital or anal openings of another person's individual's body, but emission of semen is not required. |
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| 94 | 94 | | |
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| 95 | 95 | | (t) (s) "Victim" means the person individual alleging to have been subjected to criminal sexual conduct. |
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| 96 | 96 | | |
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| 97 | 97 | | Sec. 520p. (1) Except as provided in subsection (2), an individual who while engaging in sexual contact or sexual penetration with another individual who consented to the sexual contact or sexual penetration with the use of a prophylactic knowingly removes or damages the prophylactic without the consent of the other individual is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $10,000.00, or both. |
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| 98 | 98 | | |
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| 99 | 99 | | (2) An individual who commits a second or subsequent violation under subsection (1) is guilty of a misdemeanor punishable by imprisonment for not more than 1 year. |
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