HB6261: Crimes: criminal sexual conduct; penalties for criminal sexual conduct in the second degree;…

HOUSE BILL NO. 6261 A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 520c (MCL 750.520c), as amended by 2012 PA 372. the people of the state of michigan enact: Sec. 520c. (1) A person is guilty of criminal sexual conduct in the second degree if the person engages in sexual contact with another person and if any of the following circumstances exists: exist: (a) That other person is under 13 years of age. (b) That other person is at least 13 but less than 16 years of age and any of the following: ( i ) The actor is a member of the same household as the victim. ( ii ) The actor is related by blood or affinity to the fourth degree to the victim. ( iii ) The actor is in a position of authority over the victim and the actor used this authority to coerce the victim to submit. ( iv ) The actor is a teacher, substitute teacher, or administrator of the public school, nonpublic school, school district, or intermediate school district in which that other person is enrolled. ( v ) The actor is an employee or a contractual service provider of the public school, nonpublic school, school district, or intermediate school district in which that other person is enrolled, or is a volunteer who is not a student in any public school or nonpublic school, or is an employee of this state or of a local unit of government of this state or of the United States assigned to provide any service to that public school, nonpublic school, school district, or intermediate school district, and the actor uses his or her the actor's employee, contractual, or volunteer status to gain access to, or to establish a relationship with, that other person. ( vi ) The actor is an employee, contractual service provider, or volunteer of a child care organization, or a person licensed to operate a foster family home or a foster family group home in which that other person is a resident and the sexual contact occurs during the period of that other person's residency. As used in this subdivision, subparagraph, "child care organization", "foster family home", and "foster family group home" mean those terms as defined in section 1 of 1973 PA 116, MCL 722.111. (c) Sexual contact occurs under circumstances involving the commission of any other felony. (d) The actor is aided or abetted by 1 or more other persons and either of the following circumstances exists: ( i ) The actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless. ( ii ) The actor uses force or coercion to accomplish the sexual contact. Force or coercion includes, but is not limited to, any of the circumstances listed in section 520b(1)(f). (e) The actor is armed with a weapon, or any article used or fashioned in a manner to lead a person to reasonably believe it to be a weapon. (f) The actor causes personal injury to the victim and force or coercion is used to accomplish the sexual contact. Force or coercion includes, but is not limited to, any of the circumstances listed in section 520b(1)(f). (g) The actor causes personal injury to the victim and the actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless. (h) That other person is mentally incapable, mentally disabled, mentally incapacitated, or physically helpless, and any of the following: ( i ) The actor is related to the victim by blood or affinity to the fourth degree. ( ii ) The actor is in a position of authority over the victim and used this authority to coerce the victim to submit. (i) That other person is under the jurisdiction of the department of corrections and the actor is an employee or a contractual employee of, or a volunteer with, the department of corrections who knows that the other person is under the jurisdiction of the department of corrections. (j) That other person is under the jurisdiction of the department of corrections and the actor is an employee or a contractual employee of, or a volunteer with, a private vendor that operates a youth correctional facility under section 20g of the corrections code of 1953, 1953 PA 232, MCL 791.220g, who knows that the other person is under the jurisdiction of the department of corrections. (k) That other person is a prisoner or probationer under the jurisdiction of a county for purposes of imprisonment or a work program or other probationary program and the actor is an employee or a contractual employee of , or a volunteer with , the county or the department of corrections who knows that the other person is under the county's jurisdiction. ( l ) The actor knows or has reason to know that a court has detained the victim in a facility while the victim is awaiting a trial or hearing, or committed the victim to a facility as a result of the victim having been found responsible for committing an act that would be a crime if committed by an adult, and the actor is an employee or contractual employee of, or a volunteer with, the facility in which the victim is detained or to which the victim was committed. (2) Criminal sexual conduct in the second degree is a felony punishable as follows: (a) By by imprisonment for life or any term of years, but not more less than 15 10 years. (3) (b) In addition to the penalty specified in subdivision (a), subsection (2), the court shall sentence the defendant to lifetime electronic monitoring under section 520n if the violation involved sexual contact committed by an individual 17 years of age or older against an individual less than 13 years of age. Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.