Bill Text: MI HB5589 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Crimes; assaultive; assault and battery of department of human services employees and home health care workers; increase penalties. Amends sec. 81c of 1931 PA 328 (MCL 750.81c).
Spectrum: Partisan Bill (Democrat 16-0)
Status: (Introduced - Dead) 2014-05-21 - Printed Bill Filed 05/20/2014 [HB5589 Detail]
Download: Michigan-2013-HB5589-Introduced.html
HOUSE BILL No. 5589
May 20, 2014, Introduced by Reps. Yanez, Switalski, Cavanagh, Hovey-Wright, Brown, Segal, Cochran, Haugh, Slavens, Geiss, Dianda, Roberts, Faris, Durhal, Lane and Darany and referred to the Committee on Judiciary.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 81c (MCL 750.81c), as added by 2001 PA 22.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 81c. (1) A person who communicates to any person a threat
that he or she will physically harm an individual who the person
knows or has reason to know is performing his or her duties as an
employee
of the family independence agency and department of human
services or as a home health care worker, or who does so because of
the
individual's status as an a
department of human services
employee
of that agency or as a
home health care worker, 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.
(2) Except as otherwise provided in this section, a person who
assaults or assaults and batters an individual who the person knows
or has reason to know is performing his or her duties as an
employee of the department of human services or as a home health
care worker, or who does so because of the individual's status as a
department of human services employee or as a home health care
worker, is guilty of a felony punishable by imprisonment for not
more than 2 years or a fine of not more than $2,000.00, or both.
(3) (2)
Except as otherwise provided in subsection (3), this
section, a person who assaults or assaults and batters an
individual
while the individual who the
person knows or has reason
to know is performing his or her duties as an employee of the
family
independence agency department
of human services or as a
home health care worker, or who does so because of the individual's
status
as an a department of
human services employee of that
agency
and
causes the individual or as a
home health care worker, causing
any
physical bodily injury requiring
medical attention or medical
care is guilty of a felony punishable by imprisonment for not more
than
2 4 years or a fine of not more than $1,000.00, $5,000.00, or
both.
(4) (3)
A Except as otherwise
provided in this section, a
person
who assaults or assaults and batters an individual while the
individual
who the
person knows or has reason to know is
performing
his
or her duties as an employee of the family independence agency
department of human services or as a home health care worker, or
who
does so because of the individual's
status as an a department
of
human services employee of that
agency and causes or as a
home
health care worker, causing the individual serious impairment of
body function is guilty of a felony punishable by imprisonment for
not
more than 5 15 years or a fine of not less than $1,000.00 or
more
than $5,000.00, $10,000.00,
or both.
(5) A person who assaults or assaults and batters an
individual who the person knows or has reason to know is performing
his or her duties as an employee of the department of human
services or as a home health care worker, or who does so because of
the individual's status as a department of human services employee
or as a home health care worker, causing the death of that
individual is guilty of a felony punishable by imprisonment for not
more than 20 years or a fine of not more than $20,000.00, or both.
(6) (4)
A conviction or sentence imposed
for a violation of
this section does not preclude a charge, conviction, or sentence
for
a violation of any other applicable law that is committed by
that person while violating this section.
(7) A term of imprisonment imposed for a violation of this
section may run consecutively to any term of imprisonment imposed
for another violation arising from the same transaction.
(8) (5)
As used in this section: , "serious
(a) "Home health care worker" means an individual who, as a
condition of his or her employment, performs duties related to
physical health or psychological health, or both, of a client,
patient, or consumer while inside the residence of the client,
patient, or consumer.
(b) "Serious impairment of body function" means that phrase as
defined in section 625(5) of the Michigan vehicle code, 1949 PA
300, MCL 257.625.
