2005 House Bill 5268 / Public Act 335

Create torture crime

Introduced in the House

Oct. 6, 2005

Introduced by Rep. Tom Meyer (R-84)

To establish a new crime of torturing another person subject to up to life in prison. “Torture” would be defined as “an act specifically intended to inflict great bodily injury or severe mental pain or suffering upon another person within (the perpetrator’s) custody or physical control.” Under current law, commission of such an act could be prosecuted under other criminal statutes, but there is no specific “torture” crime.

Referred to the Committee on Judiciary

Nov. 1, 2005

Reported without amendment

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

Substitute offered

To replace the previous version of the bill with one that revises details of the definition and adds an intent clause, requiring that it is the violator’s intent to cause cruel or extreme physical or mental pain and suffering.

The substitute passed by voice vote

Passed in the House 105 to 0 (details)

To establish a new crime of torturing another person, subject to up to life in prison. “Torture” would be defined as an intentialonal act that causes cruel or extreme physical or mental pain and suffering, inflicts great bodily injury, or inflicts severe mental pain or suffering upon another person within the violator's custody or physical control. Under current law, commission of such an act could be prosecuted under other criminal statutes, but there is no specific “torture” crime.

Received in the Senate

Nov. 2, 2005

Referred to the Committee on Judiciary

Nov. 30, 2005

Reported without amendment

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

Dec. 1, 2005

Substitute offered

To replace the previous version of the bill with one that revises details but does not change the substance of the bill as previously described.

The substitute passed by voice vote

Dec. 6, 2005

Passed in the Senate 37 to 0 (details)

To establish a new crime of torturing another person, subject to up to life in prison. “Torture” would be defined as an intentialonal act that causes cruel or extreme physical or mental pain and suffering, inflicts great bodily injury, or inflicts severe mental pain or suffering upon another person within the violator's custody or physical control. Under current law, commission of such an act could be prosecuted under other criminal statutes, but there is no specific “torture” crime.

Received in the House

Dec. 6, 2005

Dec. 13, 2005

Passed in the House 105 to 0 (details)

To concur with the Senate-passed version of the bill.

Signed by Gov. Jennifer Granholm

Dec. 31, 2005