HB-5268, As Passed House, November 1, 2005

SUBSTITUTE FOR

HOUSE BILL NO. 5268

     A bill to amend 1931 PA 328, entitled

"The Michigan penal code,"

(MCL 750.1 to 750.568) by adding section 85.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 85. (1) A person who, with the intent to cause cruel or

extreme physical or mental pain and suffering, inflicts great

bodily injury or severe mental pain or suffering upon another

person within his or her custody or physical control commits

torture and is guilty of a felony punishable by imprisonment for

life or any term of years.

     (2) As used in this section:

     (a) "Cruel" means brutal, inhuman, sadistic, or that which

torments.

     (b) "Great bodily injury" means either of the following:

     (i) Serious impairment of a body function as that term is

defined in section 58c of the Michigan vehicle code, 1949 PA 300,

MCL 257.58c.

     (ii) One or more of the following conditions: internal injury,

poisoning, serious burns or scalding, severe cuts, or multiple

puncture wounds.

     (c) "Severe mental pain or suffering" means the prolonged

mental harm caused by or resulting from any of the following:

     (i) The intentional infliction or threatened infliction of

great bodily injury.

     (ii) The administration or application, or threatened

administration or application, of mind-altering substances or other

procedures calculated to disrupt the senses or the personality.

     (iii) The threat of imminent death.

     (iv) 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.

     (3) Proof that a victim suffered pain is not an element of the

crime under this section.

     (4) A conviction or sentence under this section does not

preclude a conviction or sentence for a violation of any other law

of this state arising from the same transaction.

     Enacting section 1. This amendatory act takes effect March 1,

2006.