2007 Senate Bill 158 / 2008 Public Act 577

Revise child abuse definitions

Introduced in the Senate

Feb. 6, 2007

Introduced by Sen. Ron Jelinek (R-21)

To revise the definition of third degree child abuse to include knowingly or intentionally committing an act that a person knew or should have known was LIKELY to cause physical harm to a child, and which did harm a child. Among other things this could apply to actions such as leaving a child unattended in a parked car. The bill would also include in the factors that constitute second-degree child abuse a person's reckless act that caused serious mental harm to a child.

Referred to the Committee on Families and Human Services

Sept. 12, 2007

Referred to the Committee on Judiciary

March 12, 2008

Reported without amendment

With the recommendation that the substitute (S-2) be adopted and that the bill then pass.

March 18, 2008

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

March 19, 2008

Passed in the Senate 38 to 0 (details)

Received in the House

March 19, 2008

Referred to the Committee on Judiciary

Dec. 10, 2008

Reported without amendment

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

Dec. 18, 2008

Substitute offered

The substitute passed by voice vote

Amendment offered by Rep. Fulton Sheen (R-88)

To define "serious physical harm" for purposes of the bill as "any physical injury that that requires medical attention".

The amendment passed by voice vote

Amendment offered by Rep. Tonya Schuitmaker (R-80)

To establish requirements for a defense based on the claim of an accused person that the harm to a child was was due to treatment by "spiritual means" (or religious practices) in lieu of medical treatment.

The amendment passed by voice vote

Passed in the House 83 to 23 (details)

To revise the definition of third degree child abuse to include knowingly or intentionally committing an act that under the circumstances creates an unreasonable risk of harm to a child, and which did harm a child. Among other things this could apply to actions such as leaving a child unattended in a parked car. The bill would also include in the factors that constitute second-degree child abuse a person's reckless act that caused serious mental harm to a child.

Received in the Senate

Dec. 19, 2008

Amendment offered by Sen. Alan L. Cropsey (R-33)

To define "serious physical harm" for purposes of the bill as "any physical injury that seriously impairs the child's health or physical well being, including, but not limited to, brain damage, a skull or bone fracture, subdural hemorrhage or hematoma, dislocation, sprain, internal injury, poisoning, burn or scald, or severe cut".

The amendment passed by voice vote

Amendment offered by Sen. Alan L. Cropsey (R-33)

To stip out the provision added by the House establishing requirements for a defense based on the claim of an accused person that the harm to a child was was due to treatment by "spiritual means" (or religious practices) in lieu of medical treatment.

The amendment passed by voice vote

Passed in the Senate 37 to 0 (details)

To revise the definition of third degree child abuse to include knowingly or intentionally committing an act that under the circumstances creates an unreasonable risk of harm to a child, and which did harm a child. Among other things this could apply to actions such as leaving a child unattended in a parked car. The bill would also include in the factors that constitute second-degree child abuse a person's reckless act that caused serious mental harm to a child.

Received in the House

Dec. 19, 2008

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

Passed in the House 90 to 4 (details)

Signed by Gov. Jennifer Granholm

Dec. 31, 2008