MISDEMEANOR CHILD ABUSE: 

INCREASE TERM OF PROBATION

Senate Bill 1110

Sponsor:  Sen. Valde Garcia

House Committee:  Judiciary

Senate Committee:  Judiciary

Complete to 5-30-06

A SUMMARY OF SENATE BILL 1110 AS PASSED BY THE SENATE 3-23-06

In general, a court may place a person on probation for up to two years for a misdemeanor conviction and up to five years for a felony conviction, though the law does allow a few exceptions.  Currently, a term of probation for third- or fourth-degree child abuse, a misdemeanor offense, would fall under the two-year cap.

Senate Bill 1110 would amend the Code of Criminal Procedure to increase – from two years to five years – the maximum time that an offender convicted of third- or fourth-degree child abuse could be placed on probation.

(Under the Michigan Penal Code, a person is guilty of third-degree child abuse if he or she knowingly or intentionally caused physical harm to a child; it is a misdemeanor offense punishable by imprisonment for not more than two years.  Fourth-degree child abuse involves a person's omission or reckless act that causes physical harm to a child; it is a misdemeanor punishable by imprisonment for up to one year.)

  

MCL 771.2a

FISCAL IMPACT:

To the extent that misdemeanor offenders were placed on probation for longer periods of time, local units of government could incur increased costs of misdemeanor probation supervision; such costs vary by jurisdiction. 

                                                                                           Legislative Analyst:   Susan Stutzky

                                                                                                  Fiscal Analyst:   Marilyn Peterson

■ This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.