January 20, 2015, Introduced by Senator SHIRKEY and referred to the Committee on Judiciary.
A bill to amend 1846 RS 1, entitled
"Of the statutes,"
(MCL 8.1 to 8.8) by adding sections 9 and 9a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 9. In the construction of the statutes of this state the
following rule shall be observed, unless the construction would be
inconsistent with the manifest intent of the legislature:
Any law enacted after January 1, 2016 that establishes a
criminal offense and does not indicate whether a culpable mental
state is, or is not, required shall be construed to require a
culpable mental state and that the person act knowingly.
Sec. 9a. If a statute defining an offense prescribes a
culpable mental state but does not specify the element to which it
applies, the prescribed culpable mental state applies to each
material element of the offense that necessarily requires a
culpable mental state.