TORTURE PROHIBITION H.B. 5268 (S-1) & 5269: FLOOR ANALYSIS
House Bill 5268 (Substitute S-1 as reported)
House Bill 5269 (as reported without amendment)
Sponsor: Representative Tom Meyer (H.B. 5268)
Representative Michael Nofs (H.B. 5269)
House Committee: Judiciary
Senate Committee: Judiciary
CONTENT
House Bill 5268 (S-1) would amend the Michigan Penal Code to specify that a person who inflicted great bodily injury or severe mental pain or suffering upon another person within his or her custody or physical control, with the intent to cause cruel or extreme physical or mental pain and suffering, would be guilty of torture. The felony would be punishable by imprisonment for life or any term of years. Proof that a victim suffered pain would not be an element of the crime. A conviction or sentence under the bill would not preclude a conviction or sentence for a violation of any other law arising from the same transaction.
Under the bill, "great bodily injury" would mean either "serious impairment of a body function", as defined in the Michigan Vehicle Code, or one or more of the following conditions: internal injury, poisoning, serious burns or scalding, severe cuts, or multiple puncture wounds.
"Severe mental pain or suffering" would mean a mental injury that resulted in a substantial alteration of mental functioning that was manifested in a visibly demonstrable manner caused by or resulting from any of the following:
-- The intentional infliction or threatened infliction of great bodily injury.
-- The administration or application, or threatened administration or application, of mind-altering substances or other procedures calculated to disrupt the senses or the personality.
-- The threat of imminent death.
-- The threat that another person will imminently be subjected to death, great bodily injury, or the administration or application of mind-altering substances or other procedures calculated to disrupt the senses or personality.
"Cruel" would mean brutal, inhuman, sadistic, or that which torments.
House Bill 5269 would amend the Code of Criminal Procedure to add the felony of torture to the sentencing guidelines. Torture would be a Class A felony against a person, with a statutory maximum sentence of imprisonment for life. The bill is tie-barred to House Bill 5268.
Both bills would take effect on March 1, 2006.
Proposed MCL 750.85 (H.B. 5268) Legislative Analyst: Patrick Affholter
MCL 777.16d (H.B. 5269)
FISCAL IMPACT
The bills would have an indeterminate fiscal impact on State and local government. There are no data to indicate how many offenders would be convicted of torture. As of November 2005, California is the only other state with similar legislation. Data regarding the number of offenders convicted of torture in California are currently unavailable. An offender convicted of the Class A offense would receive a sentencing guidelines minimum sentence range of 21-35 months to 270-450 months. The State would incur the cost of felony probation at an annual average cost of $2,000, as well as the cost of incarceration in a State facility at an average annual cost of $30,000.
Date Completed: 11-30-05 Fiscal Analyst: Lindsay Hollander
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. hb5268&5269/0506