HOUSE BILL No. 6041

 

 

May 17, 2018, Introduced by Reps. Yanez, Faris, Green, Gay-Dagnogo, Hertel, Sowerby, Hornberger, Marino, Elder and Lucido and referred to the Committee on Law and Justice.

 

     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 health

 

and human services or as a home health care worker, or who does so

 

because of the individual's status as an a department of health and

 

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 health and human services or as a

 

home health care worker, or who does so because of the individual's

 

status as a department of health and 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 whothe person knows or has reason

 

to know is performing his or her duties as an employee of the

 

family independence agency department of health and human services

 

or as a home health care worker, or who does so because of the

 

individual's status as an a department of health and 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 whothe person knows or has reason to know is performing

 

his or her duties as an employee of the family independence agency

 

department of health and human services or as a home health care

 

worker, or who does so because of the individual's status as an a

department of health and 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 health and

 

human services or as a home health care worker, or who does so

 

because of the individual's status as a department of health and

 

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) 58c of the Michigan vehicle code, 1949 PA

 

300, MCL 257.625.257.58c.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.