CHILD ABUSE: "SERIOUS PHYS. HARM" - S.B. 315: COMMITTEE SUMMARY
Senate Bill 315 (as introduced 2-16-99)
Sponsor: Senator William Van Regenmorter
Committee: Judiciary
CONTENT
The bill would amend the Michigan Penal Code's child abuse provisions to expand the definition of "serious physical harm" to include a fracture of a rib, the skull, or the spine. Currently, "serious physical harm" means "an injury of a child's physical condition or welfare that is not necessarily permanent but constitutes substantial bodily disfigurement, or seriously impairs the function of a body organ or limb".
Under the Code, first-degree child abuse, which is a felony punishable by up to 15 years' imprisonment, is the knowing or intentional causing of serious physical or serious mental harm to a child. Second-degree child abuse, which is a felony punishable by up to four years' imprisonment, is an omission that causes serious physical harm or serious mental harm to a child or a reckless act that causes serious physical harm to a child. ("Serious mental harm" means an injury to a child's mental condition or welfare that is not necessarily permanent but results in visibly demonstrable manifestations of a substantial disorder of thought or mood that significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life.)
MCL 750.136b - Legislative Analyst: P. Affholter
FISCAL IMPACT
Senate Bill 315 would have an indeterminate fiscal impact on State government.
In 1997, there were 31 dispositions for first-degree child abuse and 20 dispositions for second-degree child abuse. Of the dispositions for first-degree child abuse, 18 offenders were sentenced to prison, and of the dispostions for second-degree child abuse, four were sentenced to prison. There are no data to indicate how many more people would be convicted given an expanded definition of "serious physical harm".
- Fiscal Analyst: K. FirestoneS9900\s315sa
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.