HOUSE BILL No. 4178 January 30, 1997, Introduced by Reps. Baird, Wallace, Schauer, Bogardus, Wojno, Hanley, Hale, Kilpatrick, Curtis, Dalman, Bankes, Gubow, Gire, DeHart, Martinez, Willard, Vaughn, Goschka, Law and Bobier and referred to the Committee on Judiciary. A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 136b (MCL 750.136b), as added by 1988 PA 251; and to repeal acts and parts of acts. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 136b. (1) As used in this section: 2 (a) "Child" means a person who is less than 18 years of age 3 and is not emancipated by operation of law as provided in section 44(1)4 ofAct No. 293 of the Public Acts of 1968, being sec-5tion 722.4 of the Michigan Compiled Laws1968 PA 293, MCL 6 722.4. 7 (b) "Omission" meansa willfulAN INTENTIONAL failure to 8 provide the food, clothing, MEDICAL CARE, or shelter necessary 9 for a child's welfare or thewillfulINTENTIONAL abandonment of 01125'97 JOJ 2 1 a child, REGARDLESS OF WHETHER THE PERSON INTENDED AN INJURY TO 2 RESULT FROM THE FAILURE OR ABANDONMENT. 3 (c) "Person" means a child's parent or guardian or any other 4 person who cares for, has custody of, or has authority over a 5 child regardless of the length of time thataTHE child is 6 cared for, in the custody of, or subject to the authority of that 7 person. 8 (d) "Physical harm" means any injury to a child's physical 9 condition. 10 (e) "Serious physical harm" means an injury of a child's 11 physical condition or welfare that is not necessarily permanent 12 but constitutes substantial bodily disfigurement,or seriously 13 impairs the function of a body organ or limb. 14 (f) "Serious mental harm" means an injury to a child's 15 mental condition or welfare that is not necessarily permanent but 16 results in visibly demonstrable manifestations of a substantial 17 disorder of thought or mood which significantly impairs judgment, 18 behavior, capacity to recognize reality, or ability to cope with 19 the ordinary demands of life. 20 (2) A person is guilty of child abuse in the first degree if 21 the person knowingly or intentionally causes serious physical or 22 serious mental harm to a child. Child abuse in the first degree 23 is a felony punishable by imprisonment for not more than 15 24 years. 25 (3) A person is guilty of child abuse in the second degree 26 if the person's omission causes serious physical harm or serious 27 mental harm to a child or if the person's reckless act causes 01125'97 3 1 serious physical harm to a child. Child abuse in the second 2 degree is a felony punishable by imprisonment for not more than 4 3 years. 4 (4) A person is guilty of child abuse in the third degree if 5 the person knowingly or intentionally causes physical harm to a 6 child. Child abuse in the third degree is a misdemeanor punish- 7 able by imprisonment for not more than 2 years. 8 (5) A person is guilty of child abuse in the fourth degree 9 if the person's omission or reckless act causes physical harm to 10 a child. Child abuse in the fourth degree is a misdemeanor pun- 11 ishable by imprisonment for not more than 1 year. 12 (6) This sectionshallDOES notbe construed toprohibit 13 a parent or guardian, or other person permitted by law or autho- 14 rized by the parent or guardian, from taking steps to reasonably 15 discipline a child, including the use of reasonable force. 16 Enacting section 1. Section 14 of the child protection law, 17 1975 PA 238, MCL 722.634, is repealed. 01125'97 Final page. JOJ