HOUSE BILL NO. 5215
November 07, 2019, Introduced by Reps. Shannon, Anthony, Cynthia Johnson, Brenda Carter, Gay-Dagnogo, Haadsma, Tyrone Carter, Kennedy, Brixie, Coleman, Garza, Sowerby, Ellison, Howell, Sabo and Yaroch and referred to the Committee on Health Policy.
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 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 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 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 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 a 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 a 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.