February 20, 2014, Introduced by Reps. Lori, Cavanagh, Kelly, Schor, Singh, Cotter, Leonard, Foster, Geiss, Lyons and Tlaib and referred to the Committee on Health Policy.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 520a (MCL 750.520a), as amended by 2007 PA 163.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 520a. As used in this chapter:
(a) "Actor" means a person accused of criminal sexual conduct.
(b) "Developmental disability" means an impairment of general
intellectual
functioning or adaptive behavior which that meets all
of the following criteria:
(i) It originated before the person 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 ability to perform in society.
(iv) It is attributable to 1 or more of the following:
(A)
Mental retardation, Intellectual
disability, cerebral
palsy, epilepsy, or autism.
(B)
Any other condition of a person found to be closely
related
to mental retardation because it that
produces a similar
impairment or requires treatment and services similar to those
required
for a person who is mentally retarded.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) (d)
"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) (e)
"Intimate parts" includes
the primary genital area,
groin, inner thigh, buttock, or breast of a human being.
(g) (f)
"Mental health
professional" means that term as
defined in section 100b of the mental health code, 1974 PA 258, MCL
330.1100b.
(h) (g)
"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) (h)
"Mentally disabled" means
that a person has a mental
illness,
is mentally retarded, intellectually
disabled, or has a
developmental disability.
(j) (i)
"Mentally incapable"
means that a person suffers from
a mental disease or defect that renders that person temporarily or
permanently incapable of appraising the nature of his or her
conduct.
(k) (j)
"Mentally incapacitated"
means that a person is
rendered temporarily incapable of appraising or controlling his or
her conduct due to the influence of a narcotic, anesthetic, or
other substance administered to that person without his or her
consent, or due to any other act committed upon that person without
his or her consent.
(k)
"Mentally retarded" means significantly subaverage general
intellectual
functioning that originates during the developmental
period
and is associated with impairment in adaptive behavior.
(l) "Nonpublic school" means a private, denominational, or
parochial elementary or secondary school.
(m) "Physically helpless" means that a person 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) "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.
(p) "School district" means a general powers school district
organized under the revised school code, 1976 PA 451, MCL 380.1 to
380.1852.
(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.
(r) "Sexual penetration" means sexual intercourse,
cunnilingus, fellatio, anal intercourse, or any other intrusion,
however slight, of any part of a person's body or of any object
into the genital or anal openings of another person's body, but
emission of semen is not required.
(s) "Victim" means the person alleging to have been subjected
to criminal sexual conduct.