October 6, 2005, Introduced by Reps. Meyer, Nofs and Taub and referred to the Committee on Judiciary.
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 tortures another person is guilty of
a felony punishable by imprisonment for life or any term of years.
(2) As used in this section:
(a) "Great bodily injury" means a significant or substantial
physical injury.
(b) "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
severe physical pain or suffering.
(ii) The administration or application, or threatened
administration or application, of mind-altering substances or other
procedures calculated to profoundly disrupt the senses or the
personality.
(iii) The threat of imminent death.
(iv) The threat that another person will imminently be
subjected to death, severe physical pain or suffering, or the
administration or application of mind-altering substances or other
procedures calculated to profoundly disrupt the senses or
personality.
(c) "Torture" means an act specifically intended to inflict
great bodily injury or severe mental pain or suffering upon another
person within his or her custody or physical control.
(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 January
1, 2006.