HB-4119, As Passed House, January 31, 2018

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4119

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

 

(MCL 750.1 to 750.568) by adding section 411x.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 411x. (1) A detainee or prisoner in a holding cell,

 

holding center, lockup, jail, or state correctional facility who

 

does either of the following is guilty of a felony punishable by

 

imprisonment for not more than 4 years or a fine of not more than

 

$2,000.00, or both:

 

     (a) Knowingly throws or attempts to throw any bodily material,

 

and that bodily material comes into contact with any employee or

 

volunteer performing his or her duties in that holding cell,

 

holding center, lockup, jail, or state correctional facility.

 

     (b) Knowingly causes or attempts to cause any employee or

 

volunteer performing his or her duties in that holding cell,

holding center, lockup, jail, or state correctional facility to

 

come into contact with any bodily material.

 

     (2) This section does not apply to a prisoner or detainee who

 

violates subsection (1) because he or she has a mental illness or

 

intellectual disability for which he or she has received a

 

diagnosis by a mental health professional or for which he or she is

 

currently receiving treatment by a mental health professional.

 

     (3) This section does not prohibit the person from being

 

charged with, convicted of, and sentenced for any other violation

 

of law in lieu of being charged with, convicted of, and sentenced

 

for a violation of this section.

 

     (4) As used in this section:

 

     (a) "Bodily material" means blood, urine, saliva, semen, or

 

feces.

 

     (b) "Holding cell", "holding center", "lockup", "jail", and

 

"state correctional facility" mean those terms as defined in

 

section 62 of the corrections code of 1953, 1953 PA 232, MCL

 

791.262.

 

     (c) "Intellectual disability" means that term as defined in

 

section 100b of the mental health code, 1974 PA 258, MCL 330.1100b.

 

     (d) "Mental health professional" means that term as defined in

 

section 100b of the mental health code, 1974 PA 258, MCL 330.1100b.

 

     (e) "Mental illness" means that term as defined in section 400

 

of the mental health code, 1974 PA 258, MCL 330.1400.