Bill Text: MI HB4719 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Crimes; other; leaving minor children without appropriate supervision; provide penalties. Amends sec. 135a of 1931 PA 328 (MCL 750.135a).

Spectrum: Moderate Partisan Bill (Democrat 18-5)

Status: (Introduced - Dead) 2013-05-15 - Printed Bill Filed 05/15/2013 [HB4719 Detail]

Download: Michigan-2013-HB4719-Introduced.html

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HOUSE BILL No. 4719

 

May 14, 2013, Introduced by Reps. McCann, Santana, Kandrevas, Clemente, Smiley, Lane, Kosowski, Geiss, Dillon, Darany, Segal, Cavanagh, Schmidt, Hovey-Wright, Knezek, Schor, Callton, McCready, Zemke, Lori, LaVoy, Lipton and Walsh and referred to the Committee on Criminal Justice.

 

     A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

 

by amending section 135a (MCL 750.135a), as added by 2008 PA 519.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 135a. (1) A person who is responsible for the care or

 

welfare of a child shall not leave that child unattended in a

 

vehicle location or for a period of time that poses an unreasonable

 

risk of harm or injury to the child or under circumstances that

 

pose an unreasonable risk of harm or injury to the child.

 

     (2) A person who violates this section is guilty of a crime as

 

follows:

 

     (a) Except as otherwise provided in subdivisions (b) to (d),

 

the person is guilty of a misdemeanor punishable by imprisonment

 

for not more than 93 days or a fine of not more than $500.00, or

 

both.

 

     (b) If the violation results in physical harm other than

 

serious physical harm to the child, the person is guilty of a

 

misdemeanor punishable by imprisonment for not more than 1 year or

 

a fine of not more than $1,000.00, or both.

 

     (c) If the violation results in serious physical harm to the

 

child, the person is guilty of a felony punishable by imprisonment

 

for not more than 10 years or a fine of not more than $5,000.00, or

 

both.

 

     (d) If the violation results in the death of the child, the

 

person is guilty of a felony punishable by imprisonment for not

 

more than 15 years or a fine of not more than $10,000.00, or both.

 

     (3) As used in this section:

 

     (a) "Child" means an individual less than 6 years of age.

 

     (b) "Physical harm" and "serious physical harm" mean those

 

terms as defined in section 136b.

 

     (c) "Unattended" means alone or without the supervision of an

 

individual 13 years of age or older who is not legally

 

incapacitated.

 

     (d) "Vehicle" means that term as defined in section 79 of the

 

Michigan vehicle code, 1949 PA 300, MCL 257.79.