MENTAL INCAPACITATION; MODIFY                                                                S.B. 236:

                                                                                 SUMMARY OF INTRODUCED BILL

                                                                                                         IN COMMITTEE

enate Bill 236 (as introduced 3-23-23)

Sponsor:  Senator Jeff Irwin

Committee:  Civil Rights, Judiciary, and Public Safety

Date Completed:  4-12-23

CONTENT

The bill would amend Chapter LXXVI (Rape) of the Michigan Penal Code to modify the definition of "mentally incapacitated".

Under the Code, "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 committee to that person without his or her consent.

Under the bill, "mentally incapacitated" would mean that a person is rendered temporarily incapable of appraising or controlling the person's conduct due to the influence of a narcotic, anesthetic, or other substance or due to any act committee to that person without the person's consent.

The bill would take effect 90 days after its enactment.

MCL 750.520a                                                     Legislative Analyst:  Tyler P. VanHuyse

FISCAL IMPACT

The bill would have no fiscal impact on State or local government.

                                                                                 Fiscal Analyst:  Joe Carrasco, Jr.

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.